THE HON MARK DREYFUS KC MP
ATTORNEY-GENERAL
CABINET SECRETARY
MEMBER FOR ISAACS
Albanese Government’s landmark administrative law reforms pass the Parliament
The Albanese Labor Government is restoring trust and confidence in Australia’s system of administrative review, with landmark legislation to create the new Administrative Review Tribunal (ART) passing the Parliament today.
The creation of the ART, to replace the existing Administrative Appeals Tribunal (AAT), will restore trust and confidence in Australia’s system of administrative review.
Tens of thousands of people rely on the AAT every year to independently review government decisions such as whether they qualify for an age pension, are compensated for an injury they suffered while serving their nation or receive NDIS funding for essential support.
The Bills passed today establish an ART that:
- is fair and just
- resolves applications in a timely manner, and with as little formality and expense as is consistent with reaching the correct or preferable decision
- is accessible and responsive to the diverse needs of parties
- improves the transparency and quality of government decision making; and
promotes public trust and confidence in the ART.
The Albanese Government has also committed an additional $206.5 million over four years in the 2024/25 Budget, in addition to the AAT’s existing funding, to deliver a user-focused, efficient, accessible, independent and fair ART.
This funding will ensure the new Tribunal is supported by a sustainable and demand driven funding model, producing timely decision-making.
The funding package also includes $9.6 million to provide improved access to merits review for regional, rural and remote communities, as well as a User Experience and Accessibility Team and a pilot First Nations Liaison Officer program.
This funding builds on the Albanese Government's investment of $128 million in previous budgets to tackle the AAT's substantial backlog, develop a fit-for-purpose case management system and re-establish the Administrative Review Council.
The AAT’s public standing was irreversibly damaged as a result of the former government’s appointment of as many as 85 former Liberal MPs, failed Liberal candidates, former Liberal staffers and other close Liberal associates without any merit-based selection process.
The former government fatally compromised the AAT, undermined its independence and eroded the quality and efficiency of its decision-making. The Albanese Government inherited an AAT that was not on a sustainable financial footing, and which was beset by delays and an extraordinarily large backlog of applications.
To its shame, Peter Dutton’s Opposition voted against Labor’s reforms, demonstrating its ongoing commitment to using the AAT as a job agency for Liberal mates at the expense of the Australian public.
A central feature of the new ART is a transparent and merit-based selection process for the appointment of non-judicial members. Existing non-judicial members of the AAT, many of whom continue to embody the best traditions of that once-celebrated institution, have been invited to apply for positions on the new body in accordance with that process.
I thank all current Members and staff of the AAT for their ongoing work in ensuring a smooth transition to the new Tribunal.
All current staff of the AAT will transition to the new body as part of the reform.
The new Tribunal will commence as soon as possible before the end of 2024.
The Albanese Government is delivering an accessible, sustainable, trusted and truly independent federal administrative review system that serves the best interests of the Australian people.
Tuesday, 28 May 2024
