---
title: "Request for a stay order (Administrative Review Tribunal): when a stay is available and how to ask for one"
url: "https://ailawframework.com/precedents/administrative-and-public-law/form-art-stay-order-request"
type: "precedent"
site: "AI Law Framework"
id: "a31-form-art-stay-order-request"
area_id: "A31"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A31-B1-2"]
law_stated_as_at: "2026-10-18"
---

# 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…

Canonical page: https://ailawframework.com/precedents/administrative-and-public-law/form-art-stay-order-request  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Administrative & Public Law](https://ailawframework.com/precedents/administrative-and-public-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at art.gov.au and the 2 authorities it cites, for Australia and Commonwealth.

## 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

- [Check an ART submission against the Generative AI Practice Direction checklist](https://ailawframework.com/practice/administrative-and-public-law/check-an-art-submission-against-the-generative-ai-practice-direction-che.md)

## 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

## Authorities

- [Administrative Review Tribunal Act 2024 (Cth) s 32 (reviewable decision continues to operate unless Tribunal orders otherwise)](https://www.legislation.gov.au/C2024A00040/latest/text)
- [Administrative Review Tribunal, Forms: Other forms (Request for stay order; Request for order varying or revoking stay order)](https://www.art.gov.au/help-and-resources/forms)

## Official form

[Official form](https://www.art.gov.au/help-and-resources/forms)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/administrative-and-public-law/form-art-stay-order-request and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*