The Administrative Review Tribunal (ART) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The ART reviews decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia.[1] The ART was established by the Administrative Review Tribunal Act 2024[2] and started operation on 14 October 2024. The ART replaces the now abolished Administrative Appeal Tribunal.
 | |
| Agency overview | |
|---|---|
| Formed | 14 October 2024 |
| Preceding agency | |
| Jurisdiction |  Australia |
| Minister responsible | |
| Agency executive |
|
| Parent department | Attorney-General's Department |
| Key document | |
| Website | art |
Origins
editAbolition of the AAT
editPublic support in the AAT declined in the years before its abolition,[3] with self-represented participants rating the independence of the AAT in a user survey at 3.5 out of a maximum of 5. This was much lower than the ratings given by legal practitioners (4.4/5) and government agencies (4.8/5). Former President, Justice Gary Downes, suggested that the results indicated "individual applicants see the Tribunal as a continuum in the decision making process and not necessarily as an independent body".[4]
Prior to its abolition on 14 October 2024, 70 of the 320 (22%) AAT members had a direct political connection to the government that appointed them, and were, on average, appointed for longer terms than members without political affiliations.[5] In comparison, across all other Australian Government public appointees, only 7% had direct political connections to the government that appointed them.[5]
In March 2022, the Senate Legal and Constitutional Affairs Committee reported on the performance and integrity of the administrative review system in Australia. The report found that the AAT:[6]
- was not fulfilling its role to instil confidence and trust in the administrative review process;
- did not function effectively, efficiently or transparently;
- had become politicised, with the awarding of lucrative, long term appointments without regard to the qualifications or legal expertise of the applicants; and
- provided too much discretionary power to the Attorney-General, which allowed for appointments based on political patronage, rather than merit.
On 16 December 2022, Attorney-General Mark Dreyfus announced that the Australian Government would abolish the AAT, and that "the AAT's public standing has been irreversibly damaged as a result of the actions of the former government over the last nine years."[7] Claims made by Mark Dreyfus in support of abolishing the AAT included that former Liberal MPs, candidates, staffers and associates had been appointed to the AAT without any merit-based selection process.[7]
Formation
editThe ART was established by the Administrative Review Tribunal Act 2024 and commenced operations on 14 October 2024. The intention of creating the ART was to do so in response to recommendations by the Senate Legal and Constitutional Affairs Committee report on the performance and integrity of the administrative review system, published in March 2022.[8] The report recommended the abolition of the AAT and the establishment of a new body, with a transparent, merit-based appointment process.[6]
Organisation
editThe ART manages their workload by reference to jurisdictional areas, currently being:[9]
| Jurisdictional Area | Jurisdictional Area Leader | List |
|---|---|---|
| General | Gina Lazanas | Child Support |
| Information and Other | ||
| Intelligence and Security | Justice Emilios Kyrou | Intelligence and Security |
| Migration | Kate Millar | Study, Visitor and Other Visas |
| Family and Partner Visas | ||
| Working, Skilled and Investment Visas | ||
| Character, Citizenship and Bridging Visas | ||
| National Disability Insurance Scheme | Kruna Dordevic | Plans |
| Access | ||
| Protection | Simone Burford | China |
| India | ||
| Malaysia | ||
| Vietnam | ||
| Africa, Americas, Middle East and South Asia Countries | ||
| Social Security | Kruna Dordevic | Centrelink |
| Paid Parental Leave | ||
| Taxation and Business | Gina Lazanas | Taxation |
| Regulation and Discipline | ||
| Veterans' and Workers' Compensation | Gina Lazanas | Veretans |
| Workers' Compensation |
Jurisdiction
editThe ART has jurisdiction to review a decision if the individual statute empowering the Australian Government agency allows for an application to be referred to a review tribunal,[10] of which the ART estimates there to be more than 400 statutes that do so.[11]
The Tribunal is not a court. The High Court has long held that the Australian Constitution, mandates a separation of powers between the executive, legislative and judicial branches of government.[12][13] Judicial review of administrative decisions takes place in courts, such as the Federal Court and the Federal Circuit Court. The ART remains part of the executive branch of government.
In addition to new powers, the ART also retains the same powers and procedures that the AAT held.[8]
Structure
editThe ART consists of the President and the other members who may be appointed as:
- Deputy Presidents;
- Senior Members; or
- Members.
The President is responsible for the overall management of the Tribunal with the assistance of Division Heads and the Registrar. Staff are employed under the Public Service Act 1999 (Cth) to assist the ART to carry out its functions.
A Chief Executive Officer and Principal Registrar is a statutory officer appointed by the governor-general. The current chief executive officer and Principle Registrar is Michael Hawkins. The Chief Executive Officer and Principle Registrar is the accountable authority under the Public Governance, Performance and Accountability Act 2013 (Cth) and agency head for the purposes of the Public Service Act 1999 (Cth).[9]
The President of the ART must be a judge of the Federal Court of Australia. The ART's other members may be:
- judges of the Federal Court and Federal Circuit and Family Court of Australia (part-time Deputy Presidents);
- lawyers of at least five years' standing; or
- persons of relevant knowledge or skills.
See also
edit
References
edit- ^ Administrative Review Tribunal Act 2024 (Cth) s 172
- ^ Administrative Review Tribunal Act 2024 (Cth)
- ^ Bedford, Narelle (10 April 2019). "AAT: Importance, Independence and Appointments". Australian Public Law Blog.
- ^ O'Connor, Pamela (2013), Tribunal Independence (PDF), Melbourne, Victoria: Australasian Institute of Judicial Administration, p. 14, ISBN 9780959002935.
- ^ a b Wood, Danielle; Griffiths, Kate; Stobart, Anika (17 July 2022). "New politics: A better process for public appointments" (PDF). Grattan Institute. Retrieved 30 October 2024.
- ^ a b Karr, Kim (March 2022), The performance and integrity of Australia's administrative review system, Legal and Constitutional Affairs References Commitee
- ^ a b Dreyfus, Mark (16 December 2022). "Albanese Government to abolish Administrative Appeals Tribunal". Mark Dreyfus MP. Retrieved 30 October 2024.
- ^ a b Revised Explanatory Memorandum, Administrative Review Tribunal Act 2024 (Cth), Parliament of the Commonwealth of Australia, 2024.
- ^ a b "Structure". Administrative Review Tribunal. Retrieved 31 October 2024.
- ^ Administrative Review Tribunal Act 2024 (Cth) s 12
- ^ "Our Role". Administrative Review Tribunal. Retrieved 31 October 2024.
- ^ New South Wales v Commonwealth (Inter-state Commission case) [1915] HCA 17, (1915) 20 CLR 54 (23 March 1915), High Court.
- ^ R v Kirby; Ex parte Boilermakers' Society of Australia [1956] HCA 10, (1956) 94 CLR 254 (2 March 1956), High Court.