The performance and integrity of Australia's administrative review system

March 2022

© Commonwealth of Australia 2022
ISBN: 978-1-76093-388-3

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Abbreviations

Members

List of Recommendations

Chapter 1—Introduction and background to the merits review system

  Referral
  Conduct of the inquiry
  Structure of the report
  The merits review system
  Background

Chapter 2—Operation of the AAT

  Role and structure of the AAT
  Performance and transparency

Chapter 3—Concerns with the functioning of the AAT

  AAT finalisation rates and resourcing
  Member remuneration
  Performance reporting and outcomes
  Access to the AAT
  Case study: the NDIS and AAT applications

Chapter 4—The selection of AAT members

  AAT members
  Current selection process
  Concerns with the selection process
  Legal qualifications of members
  The need for an open, competitive process

Chapter 5—The AAT's Migration & Refugee Division

  Migration and Refugee Division
  Applications and case management
  Insufficient members in the MRD
  Immigration Assessment Authority
  Concerns with the IAA

Chapter 6—Re-establishment of the Administrative Review Council

  Role of the ARC
  Discontinuation of the ARC
  Support for the ARC

Chapter 7—Committee views and recommendations

  Merits review and effective public administration
  Concerns of the committee
  Re-establishment of the Administrative Review Council
  Trust in public administration

Dissenting report from Coalition Senators

Appendix 1—Submissions and additional information received

Committee Secretariat contact:

Committee Secretary
Senate Legal and Constitutional Affairs Committee
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3560
legcon.sen@aph.gov.au