Oath or Affirmation of Office for ART Members
Edited version of remarks made by Justice Emilios Kyrou, President of the Administrative Review Tribunal, at a swearing in ceremony for new ART members in Melbourne on 19 January 2026
Under section 213 of the Administrative Review Tribunal Act 2024 (Act), a person appointed as a member of the Administrative Review Tribunal (Tribunal) cannot discharge the duties of that office unless they have first taken an oath or made an affirmation of office. So, there is a formal statutory requirement for new members to be sworn in. However, it would not do justice to the importance of the oath or affirmation of office if it is viewed merely as a formality.
In my opinion, the oath or affirmation of office is far more significant. That is because, in a few words, it encapsulates the essence of the office of member and the attributes that are required to properly perform the duties of that office.
Each new member will recite the words set out in section 213(2) of the Act either in the form of an oath or an affirmation. The key words are that the person taking the oath or making the affirmation promises to ‘well and truly serve in the office, and do right to all manner of people according to law, without fear or favour, affection or ill-will.’
This wording is the same as the wording of the oath or affirmation of office for Federal Court judges. This is a clear indication of the trust and confidence that Parliament places on members of the Tribunal and the importance of the Tribunal in the administration of justice in this country.
I will look briefly at the wording of the oath or affirmation of office.
The words ‘well and truly’ indicate that the member must perform their role competently and in good faith. Members are expected to conduct hearings fairly and efficiently, and to make high-quality decisions in a timely manner.
The words ‘serve in the office’ indicate that the member must serve the community and its interests, rather than their own interests. Members are expected to demonstrate a sense of service rather than a sense of entitlement.
The words ‘do right’ indicate that the member must focus on their core function, which is to make the objectively correct or preferable decision in each case before them.
The words ‘all manner of people’ indicate that the member must treat everyone that comes to the Tribunal equally and fairly, and respect their cultural, religious and other differences.
The words ‘according to law’ indicate that the member must make decisions based on the applicable law rather than personal whim. This is an essential requirement of the rule of law.
The words ‘fear or favour, affection or ill-will’ serve to emphasise the centrality of impartiality and independence to the role of member, and the importance of an absence of any bias or conflict of interest. The member must make the objectively correct or preferable decision in each case irrespective of who the parties are and whether they are wealthy and powerful or poor and marginalised.
A member must not feel pressured or intimidated in deciding a case or be influenced by personal favouritism or prejudice in performing their duties based on the identity of the parties or fear of public criticism. As with Lady Justice, who is often depicted wearing a blindfold, the member must disregard the identity of the parties in deciding what is the objectively correct or preferable decision in a particular case.
My observations on the meaning of the words in the oath or affirmation of office are based on my own interpretation of them in the context of the office of a member of the Tribunal. I am sure that detailed research on the history of the words will reveal much deeper and richer meanings, and expose the inadequacy of my observations. However, my observations should be sufficient to convey the stature of the office of member and its importance to the administration of justice in contemporary Australian society.
The Tribunal plays a fundamental role in our society. It ensures that Federal government agencies make fair and appropriate decisions which affect the lives of many people in Australia on critical aspects of their personal and business affairs. Those decisions cover matters such as social security, child support, NDIS, taxation, veterans’ and workers’ compensation and migration.
The Tribunal is tasked with righting wrongs and upholding the rights of individuals coming before it. Many applicants are vulnerable and the Tribunal’s decisions can be life changing for them.
The Tribunal operates nationally and conducts hearings in each of our 8 capital cities. The number of cases the Tribunal finalises each year exceeds the number of cases of any other tribunal or any court in this country.
The role of each member at the Tribunal is vital to the success of the Tribunal. Members exercise significant powers which can have a profound impact on the parties before them. It is a serious and responsible role. It is also a very rewarding role.
The Tribunal’s goal is simple. It is to earn a reputation as a tribunal of excellence and maintain the public’s trust and confidence in its work. The new members will play a critical role in assisting the Tribunal to achieve this goal.
