New Administrative Review Tribunal begins work after beleaguered, ‘Liberal stacked’ AAT scrapped

The new Federal body that replaces the embattled Administrative Appeals Tribunal has come into being, with the Albanese Government promising it will be truly independent.

Legislation to create the Administrative Review Tribunal passed the Senate in May, with Attorney-General Mark Dreyfus saying during his second reading of the Bill that the 48-year-old AAT was not fit for purpose.

It no longer had public trust and confidence, he noted, as a result of political “stacking” by the former Liberal Government, with no merit-based selection process.

It was also “not on a sustainable financial footing” and “beset by delays and a large and growing backlog of applications”.

The AAT was also embroiled in the Robodebt debacle, with the royal commission revealing hundreds of decisions it made deeming the scheme’s approach to calculating and raising debts unlawful “were ignored and ultimately buried”, Mr Dreyfus noted.

“The government. . . inherited an AAT that is no longer taken seriously—or, at least, seriously enough—by government departments and agencies,” he said.

And in June, it emerged the AAT had overturned dozens of visa cancellations in cases where the people concerned had been convicted of heinous crimes.

Taking its place is the Administrative Review Tribunal, which starts on Monday with 354 foundational members.

Under the legislation, the appointment of non-judicial members must be through a transparent and merit-based selection process, and any appropriately qualified person can apply.

The ART has been promised flexible, demand-driven funding based on case lodgements, allowing it to manage its resources so decision-making is timely.

In applauding the Bill’s passage, Economic Justice Australia chief executive Kate Allingham noted that thousands of people relied on the tribunal each year to independently review “life-altering government decisions such as whether somebody receives family tax benefit or disability pension”.

“Well done to the Government for getting this reform right,” she said.