Additional Comments by Labor Senators


Additional Comments by Labor Senators

1.1        Labour senators broadly support the introduction of the Tribunals Amalgamation Bill 2014 (Bill). However, Labor senators wish to highlight a number of flaws in the Bill that should be addressed before the Bill is passed.

1.2        Labor senators agree with the Bar Association of Queensland, which argued that the independence of the amalgamated AAT might be eroded by removing the need for the Governor-General to accept the nomination of the President before appointing the Registrar.[1] Labor senators accept that the nomination requirement in the current AAT Act is not a standard feature of statutory appointments. However, the Registrar is tasked by s 24B of the current AAT Act with assisting the President in the management of the Tribunal.[2] This relationship, and by extension the position of the President and the independence of the Tribunal, is protected by the nomination requirement in the Act. In the opinion of Labor senators, no compelling reason has been provided for why the proposed Bill should depart from this established practice.

Recommendation 1

1.3        Schedule 1 item 30 of the Bill be omitted so that the current requirement that the Registrar be appointed on the nomination of the President is maintained.

1.4         As noted in chapter 2 of the majority report, the Family Court criticised the Bill for proposing to remove its jurisdiction to hear appeals from the Federal Circuit Court, following judicial review of decisions made under the Child Support (Registration and Collection) Act 1988 (Cth) by the SSAT.[3] Labor senators understand the desirability of simplicity and streamlining but are not persuaded that a case for change to current arrangements has been made. The Family Court rightly notes that it has substantial expertise in these matters.[4] It is not clear, for what the AGD concedes is a relatively small number of matters, that any convenience achieved by the change in jurisdiction would outweigh the disruption of accepted existing practice.

Recommendation 2

1.5        Schedule 4 item 66 of the Bill be omitted to preserve the existing jurisdiction of the Family Court to hear appeals from the Federal Circuit Court following an appeal from a 'child support first review', and to hear referrals on questions of law.

1.6        Labor senators support the concerns raised by the Bar Association of Queensland and the Law Institute of Victoria that the Bill would allow the Governor-General to terminate the appointment of a member of the amalgamated AAT without the need for an address in both houses of Parliament.[5] As noted in the majority report, the EM states that this change is intended to reflect standard practice with other statutory officers and current provisions applying to the MRT-RRT and the SSAT.[6] However, Labor senators agree with submitters that this would have a detrimental impact on the independence of the amalgamated AAT,[7] which has a role that is very distinct from many other statutory bodies. In the opinion of Labor senators, no case has been made to the Committee which would justify departing from current arrangements in the AAT. While amalgamation should take account of the current practice of the various tribunals, where possible, amalgamation should see the independence of the specialist tribunals elevated to the level currently enjoyed by the AAT.

Recommendation 3

1.7        Schedule 1 item 26 be amended to preserve the existing requirement that an Administrative Appeals Tribunal member be removed only on address from both Houses of Parliament.

1.8        Labor senators note that, if passed, the Freedom of Information (New Arrangements) Bill 2014 (FOI Bill) would confer responsibility for determining disputes about Freedom of Information applications in the first instance on the AAT. At present, a specialist body, the Office of the Australian Information Commissioner, fulfils that role. To alleviate concerns about the loss of specialist expertise in handling Freedom of Information disputes which may result should the FOI Bill come into force, Labor senators agree with the Public Interest Advocacy Centre[8] that the amalgamated AAT should include a dedicated Freedom of Information Division.

Recommendation 4

1.9        Schedule 1 item 27 of the Bill be amended to formalise a division of the amalgamated Administrated Appeals Tribunal dedicated to hearing applications arising under the Freedom of Information Act 1982 (Cth).

Senator Jacinta Collins                                                     Senator Catryna Bilyk
Australian Labor Party                                                    Australian Labor Party

Navigation: Previous Page | Contents | Next Page