The Tribunal schedules case events to progress someone’s case. The type of case event will depend on the type of decision we are reviewing, if you have a representative, and the stage of your review. It might be a hearing, a conference or a conciliation. There are specific rules for each type of event, and who can attend.
On this page
People from the Tribunal
They make the decisions in hearings. They hear and decide cases according to the law and evidence presented. You can address them by name (e.g. ‘Ms Smith’). They might ask you to call them ‘member’. Or they will ask you to call them by their specific title (e.g. ‘Member Smith’). They will tell you this at the start of the case event. If the member is a judge, you should address them as ‘Your Honour’.
They make the decisions when the matter is not contested. They run case events like conferences and directions hearings. They also have procedural powers, like being able to dismiss a case or making orders for you to provide evidence.
A Tribunal staff member that will help set things up for the hearing to start. They will confirm your identification. They will make sure you are ready, and they will explain how the event will run.
A Tribunal staff member that is there to help the member after the hearing has started. They help with things like scanning documents and processing evidence. They also help with anything else the member may need during the event.
People from the applicant party
A person applying to have a government agency decision reviewed at the Administrative Review Tribunal.
They may join the event if the Tribunal allows it. They can provide support to the applicant before and after the conference or hearing. There are rules about what they can do during the event. The member or registrar will explain these rules at the start of the event.
As well as family, the applicant can also bring another support person with them. This could be someone like a friend, colleague or someone who knows them well.
If they are a legal guardian of the applicant, they can support them in the conference or hearing. There are also legal rules about guardians. Everyone must follow these rules. The member or registrar will explain the rules at the start of the conference or hearing.
They are someone we can choose to help you take part in your case. This is only if you are under 18 or if you can't legally make decisions for yourself. This person helps you understand and communicate during the event. They can also help with the broader review process. They can also speak on your behalf. This person might be a guardian, a lawyer, a family member, friend or advocate.
They are solicitors or migration agents hired by the review applicant. Their job is to represent the applicant. They are bound by their professional oath to tell the truth. In migration and protection cases, they do not speak for the applicant. But they can provide extra responses and materials before the end of the hearing. They can also sometimes provide these after the event, if the member allows.
They might be a partner, relative, employer, friend or family of the applicant. They might also be an expert, like a doctor or psychologist. There might be one or more witnesses. They give evidence to the member in the hearing.
Advocates may attend to support the applicant. They can only observe and are not allowed to communicate during the event. In some cases, an advocate may be someone's representative.
People from the respondent party
The respondent is the government department or organisation that the appeal is against. In most cases, the respondent party doesn’t appear at the case events. They usually appear in NDIS cases.
A qualified lawyer bound by professional oath. They gather evidence, draft legal documents and witness lists. They also record hearing notes and due dates and help the barrister with their case if one is appointed.
In some cases, people may attend the event from the respondent party themselves. For example, someone who works at the government department or organisation. This is only allowed if the member or registrar allows it. They will often tell the parties at the start of the event if there is a representative of the delegate joining.
The respondent may bring witnesses to give evidence at the hearing. The member must approve this. This might be a case worker who knows the applicant's case, or an industry expert. It might also be another person who knows about the applicant or their case. These witnesses sometimes join the event, but they might also provide written statements. Applicants can also bring witnesses if a member approves.
A qualified lawyer bound by professional oath. They represent the respondent party during the conference, hearing or other case event. They are the main speaker for the respondent party.
Other people
Their role is to help any applicants or witnesses that have language barriers. They are impartial, which means they can't show bias, and must only interpret what people say. Interpreters are qualified to interpret all conversation that occurs during the event. They often communicate in short sentences. This allows all parties in the hearing or conference to understand each other.
We may allow certain people to view cases that are of large public interest. This might be public figures or media organisations. If this happens, we will tell all parties to a matter.
Public observers are members of the public that may apply to observe a hearing. They are often students, lawyers or migration agents. There are rules about the type of events they can observe. They will appear online or in-person. They will remain silent throughout the entire event. The member / registrar can decide if they stay. The member / registrar can ask them to leave at any point.