Submission by Assistant Professor Narelle Bedford to the Senate Legal and Constitutional Affairs Committee on The Performance and Integrity of Australia’s Administrative Review Systems

Summary of major points:

(A) The AAT is an integral part of the Australian administrative justice system. Merits review as performed by the Administrative Appeals Tribunal (AAT) is extremely important part of the Australian administrative review system. Merits review provides a mechanism of review that is simultaneously accessible, and also fair, just, informal, economical and quick. The AAT has a central role in upholding accountability over government decision-making. It is part of our system of checks and balances. The AAT is itself subject to the checks and balances of the court system.

(B) The selection processes for AAT members needs to be transparent and independent of Ministers/the Attorney-General and the government of the day.

(C) Transparency and parliamentary accountability in Australia’s administrative review system is performed through many institutions. The Office of Australian Information Commissioner (OAIC) needs to be properly funded to perform its role in Freedom of Information (FOI). Similar logic applies to proper funding of the Ombudsman’s office.

(D) The Administrative Review Council (ARC) remains a legislative obligation. The need for its role in oversight of the Australian administrative review system and providing expert, ongoing analysis is greater than ever. As a matter of urgency the ARC needs to be re-constituted and properly funded to allow it to perform its statutory duties.