One year on from the establishment of the Administrative Review Tribunal (ART), practitioners are beginning to see how Australia’s new merits‑review framework is operating in practice. To reflect on what has genuinely changed—and what challenges remain, we spoke with Robert Reitano, who offers a candid, practitioner‑focused perspective on the ART’s first year. From the impact of merit‑based appointments to cultural shifts in adjournments, caseload pressures, and the procedural adjustments now expected of practitioners, this Q&A explores where the ART is performing well and where further improvement is still urgently needed.
There is no doubt in my mind that the most meaningful change in practice is the appointment of skilled, qualified and experienced decision makers to the ART. This change cannot be underestimated in its importance but is also difficult to measure so far as what it has delivered in concerned. I note the President in his Annual Report attributed the improvement in the quality of decisions (as reported by the legal profession) at least partly to the merit selection process. I have certainly noticed the improvement in decisions (Although I still think some of them are too long!). I rather anticipate that there has been an improvement in the hearing process albeit there is no measure, but if you are appointing better and more qualified members and you've seen improvement in decisions the other bit possibly follows. It is simply impossible to measure the way in which the public now views the independence of the ART but again, it's difficult to imagine that public trust and confidence have not significantly improved as a result of the 'new' and qualified membership.
From your perspective, what have been the biggest early challenges in the transition from the AAT (Administrative Appeals Tribunal) to the ART (Administrative Review Tribunal)?
What do you think still needs improvement most urgently to ensure the ART delivers efficient, fair, and accessible merits review?
Robert will explore these issues further in the session The Administrative Review Tribunal: Reflections from the Outside One Year In on Thursday, 5 March 2026, covering:
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One year on from the establishment of the Administrative Review Tribunal, what lessons have been learned and what challenges remain? What impact has the Administrative Review Act 2024 had on the process of merits review?
- Examine how the Tribunal has evolved in its first year and emerging issues for practitioners and decision-makers
- Join a timely reflection on the Tribunal’s performance and future direction
Robert Reitano, Barrister, Frederick Jordan Chambers
Rob Reitano commenced his legal career as the associate to Justice P. R Munro a Judge of the then Australian Conciliation and Arbitration Commission in late 1986. In August 1988 he commenced practice as a solicitor with Clayton Utz solicitors in its employment and industrial law section under the guidance of Joe Catanzariti who later became a Vice President of the Fair Work Commission. In August 1991 he commenced practice at the NSW BAR as barrister practising in the areas of employment and industrial law acting in particular for trade unions in the predecessor to the Fair Work Commission, the Industrial relations Commission of Australia, in the Industrial Court of Australia and in the Federal Court of Australia. He later developed a speciality in work health and safety prosecutions as a prosecutor acting for the then WorkCover Authority of NSW. His practice over many has extended to a wide range of other matters including administrative review proceedings, commercial litigation and so on. Rob was appointed as a sessional member of the Administrative Appeals Tribunal in April 2019 and was assigned to the Taxation and Commercial Division. In the AAT Rob gained a reputation for being able to deal with matters across a range of divisions which included dealing with visa cancellations and refusals, social security appeals, child support matters, NDIS matters, vocational training educational institution registration, tax agent and finance industry disciplinary matters, bankruptcy matters, taxation and superannuation guarantee matters and even a sports anti-doping case. In 2024 following the end of his term of appointment he returned to full time practice at the Bar. He is keen lawn bowler, an AFL umpire and has a marathon PB of 3:21:58. His other main interest is as Age Manager of his nine years old daughters little athletics group.
