Conclusions and Recommendations
Effectiveness of the ARC
The Committee found that it is difficult to identify objective criteria
against which to assess the effectiveness of the Administrative Review
Council.
Nonetheless, the evidence received by the Committee supports the view
that the Administrative Review Council has been an effective body, providing
useful and timely advice on administrative review matters.
The need for the ARC
The Committee concludes that there is a continuing need for the Commonwealth
Government to receive advice and recommendations on administrative review
and decision-making, and to promote a comprehensive, affordable and cost-effective
administrative law system.
The Committee notes suggestions that the Administrative Review Council
should be abolished and its functions transferred to the Attorney-General's
Department or merged with those of the Australian Law Reform Commission.
Recommendation No. 1
The Committee recommends that the Administrative Review Council
should remain as a separate and permanent body, provided that it is making
a significant contribution towards an affordable and cost-effective system
of administrative decision-making and review.
Performance indicators for the ARC
The Committee notes that it may be possible to improve the scope of the
information provided by the ARC on its performance, in order to assist
the community to assess the value of its work more precisely.
Recommendation No. 2
The Committee recommends that, in its annual reports, the Administrative
Review Council consider providing performance measures of a quantitative
and qualitative kind for the activities that it performs, and discussing
past-year performance in terms of these measures.
In the Committee's view, this use of performance indicators will facilitate
a better public appreciation of the performance of the Administrative
Review Council.
Membership structure of the ARC
Recommendation No. 3
The Committee recommends that the qualifications required for
membership of the Administrative Review Council be amended to enable the
appointment of persons with direct knowledge and experience of the needs
of groups or individuals significantly affected by government decisions.
Recommendation No. 4
The Committee recommends that in selecting persons for appointment,
the Government should continue to have regard to the need for the Administrative
Review Council's membership to contain a broad spectrum of qualifications
and to represent a variety of interests.
Recommendation No. 5
However, the Committee recommends that the Act should not be amended
to require the appointment of a person having any specific qualification
or representing any specific interest.
The Committee considers that the Administrative Review Council may benefit
in carrying out a particular project from expertise not available within
its existing membership.
Recommendation No. 6
Accordingly the Committee recommends that the Administrative
Appeals Tribunal Act 1975 be amended to enable persons to be appointed
as Administrative Review Council members for the purpose of a particular
project.
The Committee considers that such an amendment would remove the need
for the President of the Australian Law Reform Commission to remain a
permanent ex officio member of the Administrative Review Council.
Amending the functions of the ARC
The Committee considers that it is undesirable to place extensive reliance
on the incidental power conferred by s. 51(2) of the Administrative Appeals
Tribunal Act 1975.
Recommendation No. 7
Accordingly, the Committee recommends that s. 51(1) of the Administrative
Appeals Tribunal Act 1975, which sets out the Administrative Review
Council's functions, should be amended to reflect more clearly all the
major activities that it currently performs, in particular to underpin
its current focus on improving primary decision-making.
Recommendation No. 8
The Committee recommends that, if the proposed merger of the five
main merits review tribunals goes ahead, the amendments to the Administrative
Review Council's functions take into account the impact of the merger
on them.
The Minister's power to refer matters and issue directions to the ARC
Recommendation No. 9
The Committee recommends that the Administrative Appeals Tribunal
Act 1975 be amended to explicitly empower the Minister to issue directions
to the Administrative Review Council and to refer matters to it for inquiry
and report.
Recommendation No. 10
The Committee further recommends that the Administrative Appeals
Tribunal Act 1975 be amended to provide that Administrative Review
Council project reports are to be delivered to the Minister and tabled
by the Minister in the Parliament.
Government responses to ARC reports
Recommendation No. 11
The Committee recommends that the Government give an undertaking
to respond to all Administrative Review Council project reports within
twelve months of their delivery.