Document Of The Response From The Attorney-General To The Administrative Review Council In Relation To Systemic Issue No 1 2024.

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The Attorney-General responds to the Administrative Review Council regarding Systemic Issue No. 1 of 2024, concerning whether government agencies must apply the Administrative Review Tribunal's statutory interpretations in subsequent cases. The government's position, stated in formal correspondence to the ARC Chair, is that agencies are not legally required to adopt tribunal interpretations if they have obtained contrary legal advice and are acting lawfully. While acknowledging that tribunal decisions warrant serious consideration under established legal principles, the Attorney-General argues that tribunal decisions lack the precedential status of court decisions under the Administrative Review Tribunal Act 2024. The response identifies factors agencies should consider when evaluating tribunal interpretations—including tribunal composition, the centrality of the interpretation to the case outcome, and whether appeals or stay orders are pending—but maintains agencies retain discretion to apply their own preferred interpretation unless a tribunal's decision is formally overturned. The document cites case law (*Minister for Immigration v Darnia-Wilson*, *Re Burchill*) and prior ARC reports supporting this position on tribunal precedent.