The administrative continuum and limits on merits review in Australia

This article examines the pivotal role of the newly establishedAdministrative Review Tribunal (ART) within Australia's administrativecontinuum"”a concept emphasising the interconnected processes ofgovernment decision-making and review. Replacing the AdministrativeAppeals Tribunal (AAT) under the Administrative Review Tribunal Act2024 (Cth), the ART conducts de novo reviews to ensure fairness andaccountability. By analysing key cases such as Re Edmund Kenneth Jebb vRepatriation Commission, Buntin v Minister for Immigration, Citizenshipand Multicultural Affairs, and Minister for Immigration and BorderProtection v Makasa, the article demonstrates how the ART's holisticapproach emphasises procedural fairness and clear communication,safeguarding the integrity of the administrative process.Operating independently yet adhering to the same legal constraints asprimary decision-makers, the ART ensures consistency and legality in itsdecisions, reinforcing their finality and preventing arbitrary executiveactions. The article argues that the ART is essential for maintaining abalanced and just administrative governance system in Australia. Byupholding principles of fairness, transparency, and accountability, the ARTnot only corrects administrative errors but also strengthens public trust inthe administrative law framework. Its integral position within theadministrative continuum ensures that justice is served throughout thedecision-making process, reflecting the evolving nature of administrativelaw and its commitment to procedural integrity