Form · Administrative & Public Law

Request for a stay order (Administrative Review Tribunal): when a stay is available and how to ask for one

Link to the Tribunal's request for stay order and the form to vary or revoke one, with a guide to the rule that a decision keeps operating unless the Tribunal orders otherwise, the case types where stays are not available, and AI use.

Kind
Form. A form to complete, or a guide to completing an official one.
Where it applies
Australia, Commonwealth
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the official form at art.gov.au and the 2 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Link to the official form. Licence: © Commonwealth of Australia (Administrative Review Tribunal). Link only: download the current form from the Tribunal each time; do not copy or adapt it.

Where this comes from

The official form is published by art.gov.au; this page is a completion guide. Last checked on 2026-10-18.

When to use it

Use when an applicant needs the decision under review paused, or its implementation affected, while the Tribunal reviews it (s 32 of the Administrative Review Tribunal Act 2024), or when a party wants an existing stay varied or revoked.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may help organise the evidence of the harm that will follow if the decision operates and check the request is complete; the lawyer decides whether to seek a stay and checks every statement in each request.

AI may

  • Organise the documents showing the effect of the decision operating (for example payment stops or loss of a licence), with sources
  • Check the request against the form and the Tribunal's note on case types where stays are unavailable
  • Draft the orders sought from the lawyer's instructions, for the lawyer to settle

AI must not

  • Must not decide whether a stay is available or should be sought
  • Must not write the applicant's statement of the hardship they face

The lawyer checks

  • A stay can be made for this case type (the Tribunal cannot issue stay orders in some social security and child support cases except on second review or before the Guidance and Appeals Panel)
  • The application for review has been lodged
  • The harm if the decision operates, and why a stay is warranted, supported by evidence
  • The terms of the order sought are precise

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer. Licence: © Commonwealth of Australia (Administrative Review Tribunal). Link only: download the current form from the Tribunal each time; do not copy or adapt it..

Read the full text

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