1.1  The protocol explains:

    (a) how to make a complaint to the Administrative Review Tribunal (Tribunal)
    (b) what information to include in a complaint, and
    (c) how the Tribunal will handle complaints.

1.2  The protocol applies to complaints about:

    (a) the quality of the Tribunal’s services
    (b) the Tribunal’s processes and procedures
    (c) timeliness and delays
    (d) privacy breaches
    (e) the conduct of a Tribunal member
    (f) the conduct of Tribunal staff, and
    (g) other matters not related to the Tribunal’s services or administration.

1.3  The protocol does not apply to complaints about:

    (a) Tribunal decisions
      (i) if a person is unhappy with a Tribunal decision, they may be able to:

• apply to a court
• apply to the Guidance and Appeals Panel, or
• apply for a second review (for certain reviews).

    (b) Other people or organisations
      (i) the Tribunal can only investigate complaints about the Tribunal itself. This includes its members and staff. It cannot investigate complaints about:

• other parties to a review
• representatives of parties
• other organisations or government agencies.

    (c) Public interest disclosures
      (i) disclosures made under the Public Interest Disclosure Act 2013 (Cth) are handled under that Act, not under this protocol.

2.1  The Tribunal will assess and, where necessary, investigate complaints fairly, ethically and impartially, and following the principles of natural justice.

2.2  The Tribunal will promptly and professionally assess all complaints. If needed, the Tribunal may investigate complaints.

2.3  The Tribunal expects complainants to: 

    (a) treat Tribunal staff with courtesy and respect
    (b) provide relevant information when asked, and
    (c) cooperate with the complaint process.

2.4  The Tribunal will acknowledge complaints within 5 working days.

2.5  The Tribunal aims to complete investigations within: 

    (a) 20 working days for general complaints, or 
    (b) 30 calendar days for privacy complaints.

2.6  If the Tribunal needs more time to investigate, the complainant will be told.

2.7  The Tribunal will tell the complainant if this protocol does not cover their complaint. Where possible, the Tribunal will explain other options.

2.8  The Tribunal handles complaints confidentially and complies with the Privacy Act 1988 (Cth) (Privacy Act).

2.9  The Tribunal may use the information provided by complainants to investigate and respond to the complaint.

2.10  The Tribunal will keep complainants informed about the progress of their complaint.

2.11  The Tribunal has quality assurance processes in place to support consistent and effective complaint handling.

3.1  People can raise concerns with Tribunal staff at any time.

3.2  Tribunal staff can resolve many issues quickly without a formal complaint.

3.3  If a staff member cannot resolve the issue, the person can ask to speak to a supervisor or manager (where the issue does not involve a member of the Tribunal).

3.4  If the issue is still not resolved, a person can make a formal complaint using the process below. 

4.1  The Tribunal prefers people to make complaints in writing, by:

    (a) using the Tribunal's online complaints form, or
    (b) emailing:

• complaints@art.gov.au
• membercomplaints@art.gov.au (addressed to the General Counsel if the complaint is about a Tribunal member), or
• privacy@art.gov.au (addressed to the privacy officer if the complaint is about the Tribunal’s handling of personal information, or a concern that the Tribunal has breached Privacy Act obligations).

4.2  If a person is unable to make a complaint in writing, they may call the Tribunal on 1800 228 333 to discuss other arrangements.

4.3  The Tribunal may need to handle complaints about Tribunal members differently. This is because the Administrative Review Tribunal Act 2024 may be relevant to handling these complaints.

4.4  The General Counsel will review complaints sent to membercomplaints@art.gov.au and will explain to the complainant if a different process applies.

4.5  People can make anonymous complaints. However, if they do:

    (a) the Tribunal may not be able to ask for more information
    (b) the Tribunal may not be able to tell the complainant the outcome.

4.6  To help the Tribunal consider a complaint properly, the complainant should include:

    (a) what the complaint is about (using the complaint categories listed in paragraph 1.2)
    (b) their name and their interaction with the Tribunal (unless their complaint is anonymous)
    (c) the date(s) and location(s) of what happened
    (d) the name of any Tribunal staff member involved, and where they work (if relevant)
    (e) the name of any Tribunal member involved (if relevant)
    (f) the names of any witnesses (if relevant)
    (g) steps they have already taken to resolve the issue
    (h) the outcome they want
    (i) any supporting evidence.

5.1  The Tribunal will tell the complainant the outcome of their complaint, unless it was anonymous.

5.2  If the Tribunal investigates a complaint about a Tribunal member or staff, they will also be told the outcome.

5.3  When responding to a complaint, the Tribunal may: 

    (a) explain its processes and procedures
    (b) explain how it investigated the complaint and what it found
    (c) provide an apology, if appropriate
    (d) review and improve its procedures, and/or
    (e) provide information about other organisations that may be able to help.

5.4  The Tribunal cannot:

    (a) provide further reasons or explanation for a Tribunal member’s decision
    (b) comment on the merits of an application
    (c) change a Tribunal decision, direction or order
    (d) give legal advice
    (e) comment on government policy, or
    (f) provide personal information about Tribunal members or staff. 

6.1  Unreasonable complainant conduct can affect the Tribunal’s ability to manage complaints. This may include:

    (a) offensive or abusive behaviour
    (b) unreasonable or inappropriate demands
    (c) repeatedly raising issues that have already been dealt with
    (d) excessive or persistent contact with Tribunal staff, and/or
    (e) refusing to cooperate with reasonable requests. 

6.2  If a complainant’s conduct is unreasonable, the Tribunal may:

    (a) restrict contact to certain channels (for example, email only)
    (b) limit responses if contact is excessive
    (c) not respond if contact is abusive or intimidating, and/or
    (d) stop responding after it addresses all reasonable queries and finalises the complaint.

7.1 If a complainant is not satisfied how the Tribunal handled their complaint, they may complain to:

    (a) the Commonwealth Ombudsman (please note, the Commonwealth Ombudsman cannot investigate Tribunal decisions or member conduct), or
    (b) for privacy matters, the Office of the Australian Information Commissioner.