Former President, Justice Gary Downes, suggested that the results indicated "individual applicants see the Tribunal as a continuum in the decision-making process and not necessarily as an independent body".

[5] In March 2022, the Senate Legal and Constitutional Affairs Committee reported on the performance and integrity of the administrative review system in Australia.

The intention of creating the ART was to do so in response to recommendations by the Senate Legal and Constitutional Affairs Committee report on the performance and integrity of the administrative review system, published in March 2022.

[8] The report recommended the abolition of the AAT and the establishment of a new body, with a transparent, merit-based appointment process.

The High Court has long held that the Australian Constitution, mandates a separation of powers between the executive, legislative and judicial branches of government.

Staff are employed under the Public Service Act 1999 (Cth) to assist the ART to carry out its functions.