ART Appeals & Judicial Review

When ASQA makes an adverse decision that affects your registration, scope, or imposed conditions, swift action is critical. We guide RTOs through merits review appeals to the Administrative Appeals Tribunal (AAT) – previously known as the ART – and related judicial review proceedings.

When to appeal: If you receive an ASQA decision to cancel or suspend registration, reject an application, or impose conditions that you believe is unjustified, you must act quickly – time limits for appeals are short (often 28 days). We help you assess whether an appeal is viable and ensure deadlines are met.

What we do:

  
    Internal Review Applications (where available) For certain decisions, you may first seek an internal reconsideration by ASQA. We prepare persuasive internal review submissions to give ASQA the opportunity to correct errors. 
AAT Merits Review We develop a focused appeal strategy for the AAT, gathering evidence and crafting legal arguments to demonstrate why the original decision should be overturned. Our team handles all aspects of the AAT process, from lodging the application to advocacy at the hearing. 
Stay Applications If an ASQA sanction is set to take effect (for example, a cancellation taking effect in 28 days), we can seek a stay from the AAT to suspend the decision while your appeal is underway[4]. This keeps your RTO operational during the review. 
Judicial Review Where appropriate, we initiate Federal Court proceedings to challenge ASQA decisions on legal grounds (e.g. denial of procedural fairness or errors of law). Judicial review is complex but sometimes necessary – we’ll advise when this route is available and in your best interests.

We recognize that appeals demand urgent, skilled advocacy. Our firm has experience navigating the AAT’s tight timelines and procedural rules. We work intensively to put forward the strongest possible case for your RTO’s future. 

(Note: “ART” refers to the former Administrative Appeals Tribunal. Pending federal tribunal reforms, merits review functions continue and RTOs retain the right to appeal ASQA decisions.)