Guidance and Appeals Panel
The Guidance and Appeals Panel is an important part of the Tribunal. It provides a way for us to escalate issues and ensure the quality of Tribunal decisions.
The Guidance and Appeals Panel can decide cases about issues that may have a wide impact on administrative decision-making. It can also decide cases where a Tribunal decision has been made and may contain a mistake affecting the outcome of our original review.
There are 3 different ways a case can be referred to the Guidance and Appeals Panel.
Before a Tribunal case is finalised
What cases can be referred
Only some Tribunal cases are eligible to be considered by the Guidance and Appeals Panel.
You can request to refer your case to the Guidance and Appeals Panel if all of the following are satisfied:
- It is an existing Tribunal matter that has not been finalised;
- It raises an issue of significance to administrative decision-making;
- It is in the interests of justice for the matter to be reviewed by the Guidance and Appeals Panel;
- The case is not being heard in the Intelligence and Security Jurisdictional Area at the Tribunal; and
- The decision under review does not relate to a decision made under the Freedom of Information Act 1982 (FOI Act).
If you are not sure which Jurisdictional Area your case has been allocated to, call us on 1800 228 333 to find out.
How to make a request for this type of referral
If your Tribunal case is eligible and you want to request that it be referred to the Guidance and Appeals Panel, download this form [PDF, 547 KB].
The President has a discretion whether to grant or refuse your request for referral to the Guidance and Appeals Panel.
Forms
| Forms | Reason to use |
|---|---|
| Guidance and Appeals Panel referral request - first instance [PDF, 547 KB] | Request that an ongoing Tribunal case be referred to the Guidance and Appeals Panel. Do not use this form if the Tribunal case has been finalised. Apply online instead |
| Response to a Guidance and Appeals Panel referral request - first instance [PDF, 572 KB] | Respond to a request for review of an ongoing Tribunal case by the Guidance and Appeals Panel |
| Reply to a response to a Guidance and Appeals Panel referral request - first instance [PDF, 511 KB] | To reply to a Response to a Guidance and Appeals Panel request that opposes your request to the Guidance and Appeals Panel. Providing a reply is optional but you should use this template if you would like to provide one |
| Response to an interlocutory appeal application - Guidance and Appeals Panel [PDF, 245 KB] | To respond to an interlocutory application lodged during an application for referral of a case to the Guidance and Appeals Panel - for example, a stay application, a request to provide in-person evidence or an extension of time |
After the Tribunal has made a decision
What cases can be referred
Only some finalised Tribunal decisions are eligible to be referred to the Guidance and Appeals Panel.
As a party, the letter that comes with your Tribunal decision will tell you about your review rights. If it tells you that your Tribunal decision can be reviewed by the Guidance and Appeals Panel, then you may be eligible to apply.
Cases that are not eligible for referral
| Finalised Tribunal decisions that are not eligible for referral | |
|---|---|
| AAT | If the decision was made by the Administrative Appeals Tribunal (AAT), prior to 14 October 2024, then the decision is not eligible for referral to the GAP. The previous decision must have been made by the Administrative Review Tribunal. |
| Agreements | If the previous Tribunal decision was made by an order giving effect to the agreement of the parties, then the decision is not eligible for referral to the Guidance and Appeals Panel. |
| Previous Guidance and Appeals Panel decision | If the previous Tribunal decision was a decision already made by the Guidance and Appeals Panel then the decision is not eligible for referral to the Guidance and Appeals Panel. Matters already considered by the Guidance and Appeals Panel cannot be reconsidered by the Guidance and Appeals Panel. |
| Decision made by a judge | If the previous Tribunal decision was made by a judge or by a panel which included a judge then the decision is not eligible for referral to the Guidance and Appeals Panel. The Guidance and Appeals Panel cannot reconsider decisions made by a judge. |
| Second review | If the previous Tribunal decision was a second review decision by the Tribunal of a social services decision then it is not eligible for referral to the Guidance and Appeals Panel. |
| Intelligence and security | If the previous Tribunal decision was a review of an intelligence and security decision then it is not eligible for referral to the Guidance and Appeals Panel. This includes criminal intelligence assessments, security assessments and security clearance suitability assessments. |
| Migration and protection | If the previous Tribunal decision was made under the Migration Act 1958 (Cth) then it is not eligible for referral to the Guidance and Appeals Panel. This includes decisions about granting or cancelling visas, citizenship, nominations and/or sponsorships made by the Department of Home Affairs. There is an exception for decisions made under Part 3 of the Migration Act which relates to decisions of the Migration Agents Registration Authority under section 311A of that Act. This means that decisions to bar a former registered migration agent from being registered are eligible for referral to the Guidance and Appeals Panel. |
| Customs | If the previous Tribunal decision was made under Customs Act 1901 (Cth) or Customs Tariff Act 1995 (Cth) then it is not eligible for referral to the Guidance and Appeals Panel. |
| Freedom of Information | If the previous Tribunal decision was in relation to a reviewable decision made under the FOI Act then it is not eligible for referral to the Guidance and Appeals Panel. This includes:
|
| Veterans | If the previous Tribunal decision was in relation to a reviewable determination by the Veterans’ Review Board under Part 4 of the Military Rehabilitation and Compensation Act 2004 (Cth) then it is not eligible for referral to the Guidance and Appeals Panel. |
| Services Australia and Child Support Agency | If the previous Tribunal decision was a review of a social services decision made under one of the following Acts, then it is not eligible for referral to the Guidance and Appeals Panel:
There is an exception for decisions made under the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) regarding child care provider decisions. If the previous Tribunal decision was a review of a decision regarding a child care provider then it is eligible for referral to the Guidance and Appeals Panel. This means that many decisions that relate to payments managed by Services Australia and some decisions administered by the Child Support Agency are ineligible for referral to the Guidance and Appeals Panel. You may be eligible for a second review of a Tribunal social services decision by another means, click here to find out if you are eligible for a second review of a Tribunal social services decisions. |
| ASIC | If the previous Tribunal decision was made under one of the following Acts then it is not eligible for referral to the Guidance and Appeals Panel: |
| AFSA | If the previous Tribunal decision was a decision made under the Personal Property Securities Act 2009 (Cth) then it is not eligible for referral to the Guidance and Appeals Panel. |
| APRA | If the previous Tribunal decision was a decision made under the Superannuation Industry (Supervision) Act 1993 (Cth) then it is not eligible for referral to the Guidance and Appeals Panel. |
| ATO | If the previous Tribunal decision was a taxation law decision within the meaning of the Income Tax Assessment Act 1997 (Cth) then it is not eligible for referral to the Guidance and Appeals Panel. |
How to make a request for this type of referral
If your Tribunal decision is eligible for an application for referral to the Guidance and Appeals Panel, you need to make sure you follow these steps to lodge a valid application for referral.
Complete the online application for referral to the Guidance and Appeals Panel within 28 days of the decision date of the original Tribunal decision (or if you have been granted an extension of time, by that time).
Please call us on 1800 228 333 if you do not have access to the online form.
Pay the Guidance and Appeals Panel application fee.
The Guidance and Appeals Panel application fee is the same fee you paid when you applied to the Administrative Review Tribunal. Depending on how long ago you lodged your Tribunal application it may be slightly higher because of annual fee increases.
Call us on 1800 228 333 if you have any questions about the application fee or you would like to find out how to apply for a fee reduction.
Include in your application the reasons why the Tribunal decision raises an issue of significance to administrative decision making and/or contains an error of fact or law material to the outcome.
The President has a discretion whether to grant or refuse your application for referral to the Guidance and Appeals Panel.
Forms
| Form | Reason to use |
|---|---|
| Guidance and Appeals Panel referral application form - second instance [PDF, 624 KB] | If you cannot access the online portal to apply online, you can use this form to apply for a previous Tribunal decision to be referred to the Guidance and Appeals Panel |
| Response to a Guidance and Appeals Panel referral application - second instance [PDF, 739 KB] | Respond to an application for referral of a previous Tribunal decision by the Guidance and Appeals Panel |
| Reply to a response to a Guidance and Appeals Panel application - second instance [PDF, 667 KB] | To reply to a Response to a Guidance and Appeals Panel application that opposes your application to the Guidance and Appeals Panel. Providing a reply is optional but you should use this template if you would like to provide one |
| Response to an interlocutory appeal application - Guidance and Appeals Panel [PDF, 245 KB] | To respond to an interlocutory application lodged during an application for referral of a case to the Guidance and Appeals Panel - for example, a stay application, a request to provide in-person evidence or an extension of time |
When the Tribunal refers a case
What will happen if your case is referred by the Tribunal
The Tribunal may consider that a decision in your case will have the potential to impact administrative decision-making more widely. If this happens, your case may be considered for referral to the Guidance and Appeals Panel for review instead of being progressed by the Tribunal in the usual way.
We will write to you if your case is being considered for referral to the Guidance and Appeals Panel, to explain what you need to know.
Forms
| Form | Reason to use |
|---|---|
| Response to a Tribunal notice of potential Guidance and Appeals Panel referral [PDF, 432 KB] | If the Tribunal has provided you with a notice that the President is considering referring this matter to the Guidance and Appeals Panel, and asked you for a response |
| Response to an interlocutory appeal application - Guidance and Appeals Panel [PDF, 245 KB] | To respond to an interlocutory application lodged during an application for referral of a case to the Guidance and Appeals Panel - for example, a stay application, a request to provide in-person evidence or an extension of time |
Guidance and Appeals Panel Practice Direction
Under section 36 of the Administrative Review Tribunal Act 2024, the President may make practice directions about a range of matters - including directions on operations and procedures, the conduct of proceedings, arrangement of business, as well as access to and responsiveness of the Tribunal.