Legal objections to decisions made by the federal government will no longer be referred to the Administrative Appeals Tribunal, but rather to a newly created body with a merit-based nomination process.
Attorney-General Mark Dreyfus stated that the AAT’s reputation had been “irreversibly harmed” by a number of political appointments made by the previous Morrison administration and that a new body will be established through legislation in 2023.
In an effort to reduce the AAT’s mounting backlogs, Mr. Dreyfus announced that 75 new members would be appointed in the interim. He blamed the Coalition for handling the AAT’s merger with the Social Security Appeals Tribunal, the Migration Review Tribunal, and the Refugee Review Tribunal poorly.
Numerous former Liberal MPs, candidates, staff members, and others connected to the party are likely to be left out of the merit-based recruitment mechanism for the new body, which will seek applications from serving members only.
The AAT had 11 judges, 172 part-time members, and 128 full-time members as of June 30 of current year. If they are not appointed to the new body, many could get payouts.
According to the government tribunal’s annual report, there were 67,720 cases pending resolution as of June 30, 83% of which were immigration and refugee issues. The outcome ranks third worst after the 2015 amalgamation of the AAT.
The number of cases filed climbed by more than 18% over the prior year, with migration and refugee difficulties growing by 31% and taxes and commercial concerns growing by 17%.
No matters now pending before the AAT will be impacted by the change, according to Mr. Dreyfus, who named former Federal Court judge Susan Kenny as the AAT’s acting president. In order to ensure that the employment of AAT workers is not impacted throughout the transition, the government will collaborate with the principal public sector union.
The new appeals body, according to him, would be impartial, independent, effective, and user-focused.
According to Mr. Dreyfus, “The Albanese administration will create an accessible, dependable, and federal administrative review system that serves the Australian community.”
By selecting 85 former Liberal MPs, unsuccessful candidates, former Liberal staff members, and other close Liberal allies without any merit-based
The past government gravely compromised the AAT, damaged its independence, and diminished the effectiveness and efficiency of its decision-making by allowing some people in the selection process who lacked the requisite experience or knowledge.
“The Liberal Party’s appalling display of favoritism was on display here.”
The AAT’s culture has also raised concerns within the government, prompting Mr. Dreyfus to ask former president Fiona Meagher to “please explain” after learning that 19 tribunal members had received complaints about their behavior.
Justice Meagher resigned on December 1.
The behavior of a single member has been the subject of at least five complaints from employees over the past six years, it was discovered last month.
An expert working group on the formation of the new organization will be headed by former High Court justice Patrick Keane. Although Mr. Dreyfus stated he was hesitant to set a deadline for its construction, he said that a reformation process would guarantee its financial viability.
To shorten wait times and eliminate the case backlog, approximately $64 million over two years will be used to pay the new AAT appointments, and $11.7 million will be used to create a single, simplified case management system.
Bill Shorten, the minister responsible for disabilities, stated in September that the government will create an impartial body to examine the hundreds of pending National Disability Insurance Scheme appeals to the AAT and that a “alternative dispute resolution method” would be developed.
After the May election, Mr. Dreyfus first raised the possibility of abolishing the AAT.
“Australians have a right to expect integrity, honesty, and responsibility from their government. The government of Alba acknowledges the crucial function of administrative review in our form of government.
The Albanesian government is devoted to reestablishing public faith in Australia’s administrative review process.
Julian Leeser, the shadow attorney general, characterized the statement as a purge and said that the government was settling political scores.
“The Labor Party mainly focused its campaign on a platform of honesty and openness. Neither of today’s announcement’s objectives are met.
“Mr. Dreyfus’ intention with this body is quite clear: to reassemble the AAT and stack it from the beginning. This announcement will cost millions of dollars, but it won’t give any more Australians access to justice.
