‘Dysfunctional’ Administrative Appeals Tribunal abolished

The government tribunal’s annual report revealed there were 67,720 cases awaiting finalisation at June 30, 83 per cent of which related to migration and refugee matters. The result is the third worst since the AAT was amalgamated in 2015.

Case lodgements increased more than 18 per cent on the previous year, with migration and refugee matters increasing by 31 per cent, and taxation and commercial issues up 17 per cent.

Mr Dreyfus said no current cases before the AAT would be affected by the change, naming former Federal Court judge Susan Kenny as the acting president of the AAT. The government will work with the main public sector union and ensure employment of AAT staff is unaffected in the transition.

He said the new appeals body would be user-focused, efficient, accessible, independent and fair.

“The Albanese government will deliver an accessible, sustainable and trusted federal administrative review system that serves the Australian community,” Mr Dreyfus said.

“By appointing 85 former Liberal MPs, failed Liberal candidates, former Liberal staffers and other close Liberal associates without any merit-basedselection process, including some individuals with no relevant experience or expertise, the former government fatally compromised the AAT, undermined its independence and eroded the quality and efficiency of its decision-making.

“This was a disgraceful exhibition of cronyism by the Liberal Party.”

The culture of the AAT has also been causing concern within the government, with Mr Dreyfus asking for a “please explain” from former president Fiona Meagher after revelations that 19 tribunal members had been the subject of behaviour complaints.

Justice Meagher resigned on December 1.

Last month it was revealed there have been at least five complaints about the behaviour of a single member from employees over the past six years.

Former High Court justice Patrick Keane will lead an expert working group on creation of the new body. Mr Dreyfus said he was reluctant to put a timeframe on its creation but said a reform process would ensure it was financially sustainable.

About $64 million over two years will fund the new appointments to the AAT, to reduce waiting times and clear the backlog of cases, while $11.7 million will go toward a single, streamlined case management system.

In September, Disability Minister Bill Shorten said the government would establish an independent body to review thousands of outstanding National Disability Insurance Scheme appeals to the AAT, with an “alternative dispute resolution process” to be designed.

Mr Dreyfus first flagged the possible abolition of the AAT after the May election.

“Australians rightly expect honesty, accountability and integrity in government. The Albanese government recognises the critical role of administrative review in our system of government.

“The Albanese government is committed to restoring the trust and confidence in Australia’s system of administrative review.”