Bill
Administrative Review Tribunal and Other Legislation Amendment Bill 2025
passed, as at 2026-02-09. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2025-09-03
- second reading — 2025-09-03
- second reading — 2025-10-27
- second reading — 2025-10-30
- second reading — 2025-10-30
- committee — 2025-11-03
- third reading — 2025-11-03
- introduced — 2025-11-03
- second reading — 2025-11-03
- second reading — 2026-02-03
- second reading — 2026-02-04
- second reading — 2026-02-04
- committee — 2026-02-04
- committee — 2026-02-05
- third reading — 2026-02-05
- other — 2026-02-05
- passed — 2026-02-05
- royal assent — 2026-02-09
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2026-02-04.20.2) to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a second time. This means they can now discuss it in more detail. ### What is the bill's main idea? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2526/26bd018), which is a non-partisan document prepared by the parliamentary library: > * *The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 (the Bill) amends the Administrative Review Tribunal Act 2024 (ART Act) and the Migration Act 1958 (Migration Act) regarding certain decisions which may be made without holding an oral hearing.* > > * *The Bill amends the ART Act to expand the circumstances in which the Administrative Review Tribunal (the Tribunal) may make a decision based on written materials and without holding an oral hearing.* > > * *The Bill amends the Migration Act to require that the Tribunal make certain decisions regarding reviewable migration decisions ‘on the papers’ instead of conducting an oral hearing. For this purpose, the Bill specifies reviews of decisions to refuse to grant a student visa, and provides that regulations may prescribe reviews of decisions relating to other kinds of temporary visa, whether refusals to grant or to cancel a visa.* > > * *The requirement for the Tribunal to make certain decisions on the papers will not apply to decisions regarding permanent visas and reviewable protection decisions. However, the Tribunal will retain discretion to dispense with oral hearings for these matters, including in expanded circumstances set out in the Bill.* > > * *Proposed Division 4A of Part 5 of the Migration Act provides for a new process for the conduct of applications to be reviewed on the papers. The process includes requirements that the Tribunal must invite the applicant to provide written submissions concern — 2026-02-04, Senate: affirmative, ayes 34, noes 11
- The majority voted in favour of [Government amendments (1) and (2) on sheet GJ111](https://www.openaustralia.org.au/senate/?gid=2026-02-04.27.2), which were introduced by Queensland Senator [Nita Green](https://theyvoteforyou.org.au/people/senate/queensland/nita_green) (Labor). This means they were successful and will now be included in the bill. ### Amendment text > *(1) Schedule 1, item 9, page 5 (lines 23 to 24), omit "relates to a refusal to grant a student visa or another decision", substitute "is for review of a decision relating to a temporary visa, and is".* > > *(2) Schedule 1, item 16, page 7 (lines 9 to 12), omit paragraphs 367C(2)(a) and (b), substitute:* > >> *(a) the decision is a decision relating to a temporary visa; and* >> >> *(b) the application is of a kind (if any) prescribed for the purposes of this subsection.* — 2026-02-04, Senate: affirmative, ayes 31, noes 13
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2026-02-04.32.1) introduced by ACT Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent), which means they were unsuccessful. ### Amendment text **SHEET 3527** > *(1) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Sections 1 to 4".* > > *(2) Page 2 (after line 12), after clause 3, insert:* > >> *4 Review of operation of amendments* >> >> *(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act.* >> >> *Timing of review* >> >> *(2) The persons conducting the review must complete the review before the end of the 3-year period staring on the day this section commences.* >> >> *Minister to be given report of review* >> >> *(3) The persons conducting the review must give the Minister a written report of the review.* >> >> *Minister to table copy of report of review* >> >> *(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.* **SHEET 3528** > *(1) Schedule 1, item 16, page 7 (after line 20), after paragraph 367C(3)(a), insert:* > >> *(aa) the President of the ART notifies the following, in writing, that the President considers that in all the circumstances Division 4 ought to apply in relation to the application instead of this Division:* >> >>> *(i) the applicant;* >>> >>> *(ii) the decision-maker;* >>> >>> *(iii) any other person who is made a party to the proceeding for the review by an Act or an instrument made under an Act; or* — 2026-02-04, Senate: negative, ayes 14, noes 29
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2026-02-05.11.2) introduced at the request of Tasmanian Senator [Jacqui Lambie](https://theyvoteforyou.org.au/people/senate/tasmania/jacqui_lambie) (JLN), which means they failed. ### Amendment text > *(1) Schedule 1, item 9, page 5 (lines 24 to 25), omit "or another decision prescribed by the regulations".* > > *(2) Schedule 1, item 16, page 7 (lines 6 to 15), omit subsection 367C(2), substitute:* > >> *(2) An application made to the ART for review of a reviewable migration decision is an application to be reviewed on the papers if the decision is a decision to refuse to grant a student visa.* > > *(3) Schedule 1, item 16, page 7 (lines 23 to 27), omit subsection 367C(4), substitute:* > >> *Regulations* >> >> *(4) Without limiting paragraph (3)(b), regulations made for the purposes of that paragraph may prescribe circumstances relating to applications made before, on or after the commencement of those regulations.* — 2026-02-05, Senate: negative, ayes 12, noes 32
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2026-02-05.15.1) to pass the bill in the Senate. The bill will now return to the House of Representatives, where our MPs will decide on whether they agree with the Senate amendments so the bill can become law. ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2526/26bd018), which is a document prepared by the parliamentary library: > *The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 (the Bill) amends the Administrative Review Tribunal Act 2024 (ART Act) and the Migration Act 1958 (Migration Act) regarding certain decisions which may be made without holding an oral hearing.* > > *The Bill amends the ART Act to expand the circumstances in which the Administrative Review Tribunal (the Tribunal) may make a decision based on written materials and without holding an oral hearing.* > > *The Bill amends the Migration Act to require that the Tribunal make certain decisions regarding reviewable migration decisions ‘on the papers’ instead of conducting an oral hearing. For this purpose, the Bill specifies reviews of decisions to refuse to grant a student visa, and provides that regulations may prescribe reviews of decisions relating to other kinds of temporary visa, whether refusals to grant or to cancel a visa.* > > *The requirement for the Tribunal to make certain decisions on the papers will not apply to decisions regarding permanent visas and reviewable protection decisions. However, the Tribunal will retain discretion to dispense with oral hearings for these matters, including in expanded circumstances set out in the Bill.* > > *Proposed Division 4A of Part 5 of the Migration Act provides for a new process for the conduct of applications to be reviewed on the papers. The process includes requirements that the Tribunal must invite the applicant to provide written submissions concerni — 2026-02-05, Senate: affirmative, ayes 32, noes 11
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2025-09-03.
The bill would let the Administrative Review Tribunal decide some cases without holding an oral hearing, and would require it to decide certain student visa and temporary visa reviews on the papers.
It would amend the Administrative Review Tribunal Act 2024 to give the tribunal a new discretion to skip oral hearings when issues can be adequately determined in writing and parties have had a chance to comment.
The bill would also amend the Migration Act 1958 to require the tribunal to decide student visa refusal reviews and other prescribed temporary visa reviews without an oral hearing, using a new written review procedure.
- Expands the circumstances in which the tribunal may decide a proceeding without an oral hearing.
- Requires the tribunal to decide certain student visa and temporary visa reviews on the papers without an oral hearing.
- Inserts a new discretion into section 106 of the Administrative Review Tribunal Act 2024.
- Creates a new Division 4A of Part 5 of the Migration Act 1958 for paper-based reviews.
Applicants for review of student visa refusals and certain temporary visa decisions, and parties to proceedings before the Administrative Review Tribunal.
Sources
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em supp
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