1st Aug 2019, 11:59 AM – Senate Motions - Administrative Appeals Tribunal - Appointment of members

The majority voted against a motion introduced by South Australian Senator Rex Patrick (Centre Alliance), which means it failed.

Motion text

That the Senate—

(a) acknowledges that:

(i) most citizens pay little attention to matters relating to the Administrative Appeals Tribunal (AAT) until they are confronted with an administrative decision they feel is incorrect,

(ii) the AAT permits citizens to address wrongs in administrative decision-making through a process which is fair, just, economical, informal and quick, and

(iii) citizens must hold trust and confidence in the decision-making of the AAT; and

(b) notes that:

(i) most appointments to the AAT are Federal Court judges or experienced legal practitioners, however paragraph 7(3)(b) of the Administrative Appeals Tribunal Act 1975 provides for appointment of senior members and members that, in the opinion of the Governor-General, have special knowledge or skills relevant to the duties of a senior member or member,

(ii) there have been forceful allegations made in the media that a number of appointments made under this provision have been political, for example the appointment of former politicians and political staffers, which undermines public trust and confidence in the AAT, and

(iii) the Honourable Mr Ian Callinan AC QC, former High Court judge, conducted a review into the AAT and stated the repeal of paragraph 7(3)(b) of the Act is desirable; and

(c) calls on the Federal Government to urgently introduce a bill into the Parliament to repeal paragraph 7(3)(b) of the Act.