Attorney-General Mark Dreyfus faces Senate obstacle on Administrative Appeals Tribunal reform (29 Feb 2024)
Article summary: Attorney-General Mark Dreyfus faces a significant hurdle in the Senate over proposed reforms to the Administrative Appeals Tribunal (AAT). The reforms aim to address the politicisation of the AAT by replacing it with a new Administrative Review Tribunal (ART), ensuring appointments are merit-based. However, the bill has encountered resistance, particularly from key crossbenchers who argue the measures do not go far enough to prevent political interference.
Independent MP Kate Chaney from Curtin, WA, representing the crossbench, has voiced concerns that the government's bill lacks sufficient safeguards against politicisation. Chaney advocates for stricter requirements, including an independent panel for appointments and a mandatory adoption of its recommendations, except in exceptional circumstances. She also proposes a two-year cooling-off period for individuals with political backgrounds and transparency regarding any political affiliations of tribunal members.
The bill's passage is uncertain, with the Coalition threatening to vote against it and the Greens, along with Senators Jacqui Lambie and David Pocock, expressing reservations. These senators emphasize the need for a robust, independent selection process to restore integrity to the tribunal's appointments.
The government's proposal aims to streamline the tribunal and introduce a competitive, publicly advertised selection process for appointees. Despite Dreyfus's openness to amendments, the bill's current form has sparked debate over its potential to effectively eliminate past issues of politicisation and ensure the ART operates free from political influence.
This situation underscores the complexities of reforming key legal institutions and the challenges of achieving bipartisan support for measures intended to enhance transparency and accountability. The outcome of these reforms will significantly impact the future operation of Australia's administrative law framework, highlighting the importance of cross-party dialogue and compromise.
Related video: Administrative Appeals Tribunal Bill 2023 - 28 February 2024
