This page is an educational summary for professionals working with AI. It is not the law and not legal advice. Always work from the current authoritative text linked below.
What does section 64 do?
Section 64 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) controls access to the Administrative Review Tribunal. Subsection 64(1) lists who may apply for review of a reviewable decision: the claimant, or the Commonwealth, a Commonwealth authority or a Part VIII licensed corporation the decision affects. Subsection 64(3) makes that list exclusive despite section 17 of the Administrative Review Tribunal Act 2024. Read the current compilation on the Federal Register of Legislation.
Who does it bind?
Would-be applicants and the Tribunal itself: only the subsection 64(1) applicants can invoke review, and only in respect of a reviewable decision. Subsection 64(2) applies section 31 of that Act to section 62 decisions in guidance and appeals panel scenarios.
What do practitioners get wrong?
Hunting for the 60-day clock in section 64. It sits in subsection 65(4): the application must be made within 60 days after the applicant is served with notice of the decision, with extensions available under section 19 of that Act. The other slip is applying for review of the original determination; only a decision under subsection 38(4) or section 62 is reviewable.
Where does AI use touch it?
AI-generated review summaries must keep the section 62 decision, not the original determination, as the object of review, and must not move the 60-day clock into section 64. See ART review rights and expert evidence and AI disclosure at the ART.
Bottom line
Section 64 answers who may apply and for what: the closed subsection 64(1) list, reviewable decisions only. The when lives in subsection 65(4).
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