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senate vote 2019-08-01#5
Edited by
mackay staff
on
2019-08-02 12:16:02
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Title
Motions — Administrative Appeals Tribunal- Motions - Administrative Appeals Tribunal - Appointment of members
Description
<p class="speaker">Rex Patrick</p><p>I move:</p><p class="italic">That the Senate—</p>- The majority voted against a [motion](https://www.openaustralia.org.au/senate/?id=2019-08-01.63.1) introduced by South Australian Senator [Rex Patrick](https://theyvoteforyou.org.au/people/senate/sa/rex_patrick) (Centre Alliance), which means it failed.
- ### Motion text
- > *That the Senate—*
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- > *(a) acknowledges that:*
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- >> *(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,*
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- >> *(ii) the AAT permits citizens to address wrongs in administrative decision-making through a process which is fair, just, economical, informal and quick, and*
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- >> *(iii) citizens must hold trust and confidence in the decision-making of the AAT; and*
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- > *(b) notes that:*
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- >> *(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,*
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- >> *(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*
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- >> *(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*
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- > *(c) calls on the Federal Government to urgently introduce a bill into the Parliament to repeal paragraph 7(3)(b) of the Act.*
<p class="italic">(a) acknowledges that:</p><p class="italic">  (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,</p><p class="italic">  (ii) the AAT permits citizens to address wrongs in administrative decision-making through a process which is fair, just, economical, informal and quick, and</p><p class="italic">  (iii) citizens must hold trust and confidence in the decision-making of the AAT; and</p><p class="italic">(b) notes that:</p><p class="italic">  (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,</p><p class="italic">  (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</p><p class="italic">  (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</p><p class="italic">(c) calls on the Federal Government to urgently introduce a bill into the Parliament to repeal paragraph 7(3)(b) of the Act.</p> <p class="speaker">Jonathon Duniam</p><p>I seek leave to make a short statement.</p> <p class="speaker">Scott Ryan</p><p>Leave is granted for one minute.</p> <p class="speaker">Jonathon Duniam</p><p>The government is considering the recommendations of the Hon. Ian Callinan AC QC. The consideration of Mr Callinan's recommendations to limit members to lawyers will be considered in the context of the AAT's role to provide merits review that is low-cost and informal. This includes having large numbers of current members without legal backgrounds but with expertise across the diverse range of matters considered by the AAT. The government will continue to ensure that all members are appropriately qualified and appointed on merit.</p> <p class="speaker">Katy Gallagher</p><p>I seek leave to make a short statement.</p> <p class="speaker">Scott Ryan</p><p>Leave is granted for one minute.</p> <p class="speaker">Katy Gallagher</p><p>Labor will not support this motion that would prohibit nonlawyers from being appointed to the AAT. There are some nonlawyers who have the skills and experience to make them an excellent AAT member. However, there is no doubt that the Liberal government has grossly misused the AAT as a Liberal Party employment agency. The Abbott-Turnbull-Morrison government have appointed at least 57 Liberal friends to lucrative jobs on the AAT, where full-time senior members are paid over $380,000 a year and even junior members are paid at least $190,000 a year. The appointments include failed Liberal candidates, dumped Liberal MPs and long-time staffers straight out of the office of the Attorney-General, Mr Porter, who hands out these appointments. The misuse of the AAT as a dumping ground for unemployable Liberals must stop.</p> <p class="speaker">Rex Patrick</p><p>I seek leave to make a short statement.</p><p>Leave not granted.</p> <p class="speaker">Scott Ryan</p><p>I understand that one of the discussions reached yesterday was movers of motions are considered to be speaking through their motion and aren't going to be granted leave to make statements. I understand that's a matter for the whips and others, but leave was denied at that point. The question is the motion moved by Senator Patrick be agreed to.</p>
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