Earlier this month, the Australian government announced they are abolishing the Administrative Appeals Tribunal. Whilst this may sound concerning, there is no need to be worried because the AAT will be replaced by another federal administrative review body. This new reviewing body has not been announced yet, but the government has ensured that all existing cases will continue to be reviewed by the AAT until the new reviewing body is established.
The Purpose of The New Reviewing Body
The new reviewing body will continue to operate on a merits basis as the AAT currently does. The Attorney General’s Department has outlined some of the new characteristics that the new reviewing body will have. They state that it will aim to be:
- user-focused
- efficient
- accessible
- independent
- fair
The new reviewing body will also provide additional capacity for rapid resolution of backlogged cases. It will also implement a single, updated case management system to address critical business risks to the AAT, and introduce procedural efficiencies to ensure the efficient resolution of cases. The government has also established new guidelines for the new reviewing body and under the Guidelines, all vacancies must be advertised as well as applicants being assessed against clear criteria by an appropriately constituted panel.
What Does This Mean for You?
If you have a current matter being reviewed by the AAT, rest assured that it will continue to be overlooked by the AAT for the time being. The Australian government has yet to announce a date for the establishment of the new reviewing body which means that all current cases will operate as normal. They have also stated on the AAT website that many of the current cases in the AAT will be finalised and decisions will be made before the abolishment. This could mean that they are fast tracking current cases so that not many will be left over. The government has confirmed that they are appointing new members to help resolve the many cases in the backlog so that there is little to be transferred over to the new reviewing body. Any cases that have not been finalised or decided will be transferred to the new reviewing body. The AAT have also confirmed that all decisions made by them will still be binding and final. Furthermore, If you have submitted an application to the AAT for a decision to be reviewed and your case gets transferred to the new reviewing body, you will not need to submit another application. If you intend to submit an application for review now, you can still do so through the AAT.
Questions?
If you have any questions or concerns, please contact your CML representative.