[1] Archives Act
1983; Commonwealth Electoral Act 1918; Environment Protection and Biodiversity
Conservation Act 1999; Federal Proceedings (Costs) Act 1981; Freedom of
Information Act 1982; Insurance Acquisitions and Takeovers Act 1991; Insurance
Act 1973; Judges' Pensions Act 1968; Lands Acquisition Act 1989; Life Insurance
Act 1995; Migration Act 1958; Military Rehabilitation and Compensation Act
2004; Narcotic Drugs Act 1967; Privacy Act 1988; Safety, Rehabilitation and
Compensation Act 1988; Seafarers Rehabilitation and Compensation Act 1992;
Superannuation Act 1976; Trans-Tasman Mutual Recognition Act 1997.
[2] Explanatory
Memorandum, p.1.
[3] ibid.
[4] ibid.
[5] ibid, p.
2.
[6] Media Release 144/2004, A More Efficient Administrative Appeals Tribunal, Attorney-Generals
Department, 11 August 2004. http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/Page/Media_Releases_2004_Third_Quarter_11_August_2004_-_A_more_efficient_Administrative_Appeals_Tribunal_-_1442004
(accessed 11 January 2005)
[7] Administrative
Appeals Tribunal(AAT) Annual Report 2003-04, p. 12.
[8] AAT Annual
Report 2003-04, p. 13.
[9] Administrative Appeals Tribunal Homepage, About the AAT; Introduction to the AAT,
p. 1 of 6, http://www.aat.gov.au/AboutTheAAT/IntroductionToTheAAT.htm
(accessed 11 January 2005)
[10] Subsection 19(2) of the Act.
[11] AAT Annual
Report 2003-04, p. 12.
[12] ibid,
p. 30.
[13] Submissions
15 and 11 respectively.
[14] Subsection 7(1) Administrative Appeals Tribunal Act 1975
[15] Explanatory
Memorandum, pp. 7-8.
[16] Second Reading Speech, House Hansard, 11 August 2004, p. 32376.
[17] Committee Hansard,
1 February 2005, p. 28.
[18] ibid.
[19] Submission
1, p. [1].
[20] Section 51 of the Administrative Appeals Tribunal Act 1975.
[21] Committee Hansard,
1 February 2005, p .17.
[22] ibid.
[23] For example, Dr Maxwell Thorpe and Dr John
Campbell, part-time AAT members, Submission 4,
p. [4].
[24] Submission
4, p. [4].
[25] Submission
10, p. [1].
[26] Dr Simon Evans, Dr Carolyn Evans and Ms Anna
Hood, Centre for Comparative Constitutional Studies, University of Melbourne, Submission 2, p. 9.
[27] Committee Hansard,
1 February 2005, p. 17.
[28] Mr Graham McDonald, Submission 10, p. 3.
[29] Submission
12, p. 2.
[30] Committee
Hansard 1 February 2005, p. 25.
[31] Submission
12, p. 2.
[32] Mr Mark Robinson, Committee Hansard, 1 February 2005, p. 10.
[33] ibid.
[34] Law Council of Australia, Submission 15, p. [1]; Other
submissions echoed this point, including PIAC, Submission 12, p. 3.
[35] Mr Mark Robinson, Committee Hansard, 1 February 2005, p. 10.
[36] Submission
11, p. 3
[37] ibid.
[38] Mr Wayne Martin
QC, Committee Hansard, 1 February
2005, p. 18.
[39] Dr Simon Evans, Dr Carolyn Evans and Ms Anna
Hood, Centre for Comparative Constitutional Studies, University of Melbourne, Submission 2, p. 7; Administrative Review Council, Submission 11, p. 4.
[40] Dr Simon Evans, Dr Carolyn Evans and Ms Anna
Hood, Centre for Comparative Constitutional Studies, University of Melbourne, Submission 2, p. 5.
[41] That is, powers to reconstitute a tribunal and to
remove members from a tribunal, as per Item 66 of the Bill, as discussed in a
later section of this report.
[42] ARC Report no. 39, Better Decisions: review of Commonwealth Merits Review Tribunals,
1995, p. 83, Australian Law Reform Commission, Managing Justice: a review of the federal civil justice system,
2000.
[43] Second Reading Speech, House Hansard, 11 August 2004, p. 32376.
[44] Submission
10, p. 1.
[45] Submission
17, p. 2. Similar comments were made
by National Welfare Rights Network, Submission
6, p. 12; Dr Maxwell Thorpe and Dr John Campbell, Submission 4, p. [5].
[46] Submission
13, p. 1.
[47] ibid.
[48] Submission
15, p. 2.
[49] ibid.
[50] Submission
8, p. 2.
[51] See Legal Services Commission of South Australia,
Submission 14, p. 1.
[52] Committee Hansard,
1 February 2005, p. 3.
[53] Submission
14, pp. 1-2.
[54] ibid.
[55] For example, South Brisbane Immigration and
Community Legal Services (SBICLS), Submission
17, p. 2
[56] Committee Hansard,
1 February 2005, p. 25.
[57] Submission
11, p. 4.
[58] Committee Hansard,
1 February 2005, p. 17.
[59] Committee Hansard,
1 February 2005, p. 23.
[60] Submission
11, p. 4, quoting ARC Report no. 39, Better Decisions: review of Commonwealth
Merits Review Tribunals, 1995, p. 83.
[61] Submission
11, p. 4.
[62] ARC Report no. 39, Better Decisions, review of
Commonwealth Merits Review Tribunals, 1995, pp. 82-83.
[63] Submission
11, p. 4.
[64] Committee Hansard,
1 February 2005, p. 38.
[65] ibid, p. 30.
[66] National Welfare Rights Network, Submission 6, p. 7.
[67] Mr Simon Moran, Committee Hansard, 1 February 2005, p. 5.
[68] National Welfare Rights Network, Submission 6, p. 7.
[69] Submission
12, p. 4.
[70] Explanatory
Memorandum, p. 19.
[71] Submission
6, p. 7.
[72] See
ARC Submission 11A for full details.
Examples given are NSW Administrative Decisions Tribunal, Veterans’ Review
Board, Social Security Appeals Tribunal, Australian Competition Tribunal,
Copyright Tribunal, existing AAT legislation, Migration Review Tribunal (MRT).
[73] See ARC Submission
11A for full details. The Chairperson of the Superannuation Complaints Tribunal
may reconstitute the Tribunal if he or she thinks it is desirable 'to remove
any perception of bias'.
[74] See ARC Submission
11A for full details. The power concerns the Migration Review Tribunal, and the
Refugee Review Tribunal.
[75] Committee Hansard,
1 February 2005, p. 19.
[76] ibid, p. 20.
[77] For example, Ms Genevieve Bolton, National
Welfare Rights Network, Committee Hansard,
1 February 2005, p. 24; Law Council of Australia, Submission 15, pp. 1-2.
[78] Submission
8, p. [2].
[79] Explanatory
Memorandum, p. 18.
[80] Committee
Hansard, 1 February 2005, p. 33.
[81] Submission
18, pp. 3-4.
[82] Attorney-General's Department, Submission 18, p. [4].
[83] For example, subsection 38A(2) of the Privacy Act 1988.
[84] Explanatory
Memorandum, p. 27.
[85] Submission
18, p. [5].
[86] ibid.
[87] Submission
15, p. [2].
[88] ibid.
[89] Committee
Hansard, 1 February 2005, p. 8.
[90] ibid, p. 2.
[91] Mr Simon Moran, Committee Hansard, 1 February 2005, p. 5.
[92] Committee
Hansard, 1 February 2005, p. 11.
[93] Submission
12, p. 4.
[94] Submission
15, p. 3.
[95] Submission
12, p. 3.
[96] Submission
8, p. [2].
[97] Submission
18, p. [2].
[98] Item 1 of the Bill, inserting section 2A.
[99] National Welfare Rights Network, Submission 6, p. 4.
[100] Explanatory
Memorandum, p. 4.
[101] SBICLS, Submission
17, p. 1.
[102] Submission
6, p. 4.
[103] Explanatory
Memorandum, p. 57.
[104] Submission
12, p. 5.
[105] Submission
12, p. 5.
[106] Submission
6, p. 8.
[107] National Welfare Rights Network, Submission 6, p. 6; Law Council of
Australia, Submission 15, p.2 of
Attachment 1.
[108] Centrelink,
Submission 16, p.4
[109] Committee
Hansard, 1 February 2005, p. 28.
[110] Submission
6, p. 7.
[111] ibid.
[112] Mr Graham McDonald, Submission 10, p. 1.