By Jason Donnelly -
Snapshot
- The imminent reform, replacing the long-standing Administrative Appeals Tribunal Act 1975 (Cth), heralds a significant transformation in the administrative law landscape of Australia.
- The new Bill aims to modernise and streamline the administrative review process, ensuring fairness, efficiency and transparency in the review of governmental decisions.
- This analysis explores the key features, objectives, structure, and implications of the Administrative Review Tribunal and the associated Administrative Review Council.
The Administrative Review Tribunal Bill 2024 (Cth) (‘the ART Bill’) was introduced to address the growing need for a more efficient and transparent administrative review system and will commence before the end of 2024. Over the years, the complexity and volume of administrative decisions have increased, necessitating a robust framework to handle appeals and reviews effectively while addressing some of the failures of the current Administrative Appeals Tribunal (‘AAT’). The Bill’s passage through both Houses of Parliament underscores its importance in the contemporary legal landscape.
Objectives of the Bill
The primary objectives of the ART Bill are multifaceted.
- Establishment of a unified tribunal. The Bill establishes the Administrative Review Tribunal (‘ART’) as the central body for reviewing administrative decisions. This unification aims to eliminate the fragmentation seen in previous systems.
- Simplification and accessibility. The Bill seeks to simplify the procedures involved in administrative reviews, making the process more accessible to the general public. It emphasises inclusivity and the need for accommodations to ensure effective participation by all individuals, regardless of their circumstances.
- Efficiency and transparency. By outlining clear procedures and responsibilities, the Bill aims to enhance the efficiency of the review process. Transparency is ensured through detailed provisions on the notification of parties, submission of documents and the conduct of hearings.