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For many types of cases, we can try to help the people or parties involved come to an agreement through informal processes called conferences, conciliations or mediations.
Sometimes informal processes don't work. Sometimes a party in a case chooses not to take part. For a lot of cases, like immigration cases, we can't use these informal processes for legal reasons.
When this happens, the case continues to a legal process and there will be a hearing at the Tribunal.
Types of hearings and case events
The video below outlines what happens after you apply for a review.
What we do next
After we receive your application, we check what you have sent us and let you know if we need any more information at that stage.
We will also contact the agency or department that made the original decision, and any other parties involved, to let them know that you have asked us to review a decision made under Commonwealth laws.
If you are representing yourself
You can find out about the help and resources which may be available to you in another section of this website.
Decisions the Tribunal cannot review
We can only review a decision if the law says we can review it.
When we can't review a decision, we will write to you to give you an opportunity to tell us why you think we can review the decision.
If you don't respond or can't show us that we can review the decision, we might dismiss the application. Sometimes a hearing is held to decide if we can review the decision.
Does the decision continue to operate during the review?
The decision will usually continue to operate during the review. In some cases, we can make an order which 'stays' (suspends) the operation or implementation of the decision until the review is finalised.
You can use the Request for stay order form [PDF, <1 MB] to ask for a stay order.
Please note: The Tribunal is unable to issue stay orders for social security cases, except those on second review or before the Guidance and Appeals Panel. The Tribunal is also unable to issue stay orders in child support cases, except those before the Guidance and Appeals Panel.
Relevant documents
The original decision-maker will send us the decision and all relevant review documents within 28 days after being told the application has been received. These are called 'T documents'.
T documents will also be sent to you and any other party. If you have a representative, we will usually send the T documents to that person.
T documents are required to be provided by law.
The decision-maker can ask the Tribunal for a direction that certain content within the T documents is not to be disclosed to you or another party.
You can also ask us for a direction if there is information you do not want another party to see.
We will consider any application and tell you our decision.
You can ask for the T documents to be provided earlier if a delay would cause you hardship. You must complete the Request for order to shorten time for lodging documents form [PDF, <1 MB]. We will consider any request and tell you our decision.
You can give us new information that you think supports your case.
The safest and easiest way to do this is by using the online services account you set up when you applied for your review.
If you don't have an online services account, there are other ways to contact us to send us new information.
Confidentiality orders
In limited circumstances, we can order that:
- the hearing is held in private
- the name or address of a party or witness, or other information that we hold, be kept confidential
- a written decision is not made public.
You or another party can ask for a confidentiality order at any stage of the review by telling us in writing what it is that you want to be kept confidential and why.
We will only make a confidentiality order if we are satisfied there is a good reason for doing so.
How long does a review take?
Find out how long it has taken to finalise reviews in certain caseloads over the past 6 months.