Submission to Standing Committee on Social Policy and Legal Affairs: Administrative Review Tribunal Bill 2023

In December 2023, the Australian Government introduced the Administrative Review Tribunal Bill 2023 (Cth) to Parliament. If passed, it will abolish the Administrative Appeals Tribunal and establish the new Administrative Review Tribunal in its place.

The Bill responds to many concerns and recommendations raised in our submission to the consultation process run by the Attorney-General’s Department. In particular, we welcome the Bill’s new measures to improve administrative decision-making across government, including through: 

• re-establishing the Administrative Review Council, which can provide independent oversight and specialist policy advice in relation to administrative review;
• introducing mechanisms for the new Tribunal to identify, escalate and report on recurring or significant issues in its caseload; and 
• establishing a ‘Guidance and Appeals Panel’ to consider complex and systemic issues and promote consistent decision-making.  

We have engaged with national peak disability representative organisations, as well as other legal services and advocates, and identified several aspects of the powers and functions of the new Tribunal that could be improved. In this submission to a Parliamentary Committee inquiring into the Bill, we recommend changes including:

• introducing a requirement to consult with users of the new Tribunal when developing practice directions; 
• clarifying how proceedings will be conducted in the absence of a government decision-maker; 
• tightening requirements for government agencies to provide reasons for their first-instance decisions; and 
• introducing a power to award costs against a decision-maker in some circumstances.