Certain decisions under the Biosecurity Act 2015 (Biosecurity Act) are reviewable. There is a list of decisions that are reviewable at section 574 of the Biosecurity Act.
If you are not satisfied with the outcome of a reviewable decision, you can apply for a review of the decision. In most cases, this will be for an internal review of the decision.
Internal review
Internal review is a process where a new decision maker will undertake a review of the decision on its merits and make a new decision affirming the decision, varying the decision or setting aside the decision and substituting a new decision.
How to request an internal review
When you are notified of the outcome of a reviewable decision, you will receive written notification which explains the reasons for the decision. You will also be told what your rights of review are and how you can make an application for internal review.
Applications for internal review of a reviewable decision must be made in writing to the Director of Biosecurity setting out the reasons for seeking internal review. The application must be made within 30 days after the day you received a written notice of decision.
Your application can be sent by email to: Internal Review.
Review by the Administrative Review Tribunal
If you are still not satisfied with the outcome of a decision following internal review you may then apply to the Administrative Review Tribunal (ART) for a further review of the decision.
The ART conducts independent merits review of administrative decisions made under Commonwealth laws. More information about the ART can be found at: https://www.art.gov.au/
Applications for review may be made directly to the ART with respect to some decisions made personally by the Director of Biosecurity. Your rights of review will be made clear to you in the written notice of decision you receive from the department.
Further information
Contact us about reviewable decisions: Internal Review.