Attorney General Mark Dreyfus says the new Administrative Review Tribunal will be more user-focussed, efficient, accessible, independent and fair. Photo: Facebook.
The Federal Government has confirmed it will abolish the Administrative Appeals Tribunal (AAT) by the end of 2023. It has now started a recruitment drive for the AAT’s replacement, the Administrative Review Tribunal (ART).
Falling within the portfolio of the Attorney-General’s Department, the AAT was established in July 1976 by the Administrative Appeals Tribunal Act 1975.
The independent body is tasked with conducting merits review of administrative decisions made under Commonwealth laws, including by Australian Government ministers, departments and agencies, and state government and non-government bodies.
In announcing its abolition in December 2022, Attorney General Mark Dreyfus described the AAT as dysfunctional and politicised.
“By appointing 85 former Liberal MPs, former Liberal staffers and other close Liberal associates without any merit-based selection process, including some individuals with no relevant experience or expertise, the former government fatally compromised the AAT, undermined its independence, and eroded the quality and efficiency of its decision-making,” he said at the time.
A 29 September release from the Attorney General says the ART will enjoy enhanced powers and procedures, a transparent and merit-based selection process for its members, a simplified membership structure and clear and delineated roles and responsibilities for ART leadership, and other procedural improvements.
Legislation for the abolition of the AAT and its replacement by the ART is expected to be introduced before the end of the year.
The legislation to establish the ART is being informed by the results of public consultation and with the guidance of the Administrative Review Expert Advisory Group chaired by former High Court justice Patrick Keane AC KC.
Work on developing the legislation is continuing, with the details of measures, key policy settings, and issues raised in public submissions being refined through the drafting process.
“The Albanese Government is committed to restoring trust and confidence in Australia’s system of administrative review – beginning with the establishment of a new administrative review body that is user-focussed, efficient, accessible, independent and fair,” Mr Dreyfus said.
While it says current and former members of the AAT are welcome to apply for the ART, the Government is seeking appropriately qualified individuals to make a significant contribution to what it describes as “the most important reform of the federal system of administrative review in decades”.
Subject to the legislation passing Parliament, the recruitment drive will be extended in coming months to include senior members and non-judicial deputy presidents, and is expected to start operations in 2024.
Federal Court judge and the current president of the AAT justice Emilios Kyrou AO was appointed to the role by the Governor General in June this year, and will retain his position through the transition to become the inaugural ART president.
“The existence of a strong, user-focussed administrative review body is critical to protecting the rights and interests of individuals, particularly the rights and interests of the most vulnerable members of our community,” Mr Dreyfus said.
“As noted in the Report of the Royal Commission into Robodebt… effective merits review is an essential part of the legal framework that protects the rights and interests of individuals. It also promotes government accountability and plays a broader important role in improving the quality and consistency of government decisions.”
Original Article published by Andrew McLaughlin on Riotact.
