Administrative Review Council

Frequently Asked Questions

What is the Administrative Review Council?

The Administrative Review Council is responsible for overseeing and monitoring the Australian system of administrative review.

It was established to provide advice to the Attorney-General on strategic and operational matters relating to that system. The Council's statutory charter is set out in section 51 of the Administrative Appeals Tribunal Act 1975. The Council was established under Part V of that Act. A more detailed overview of the powers and functions of the Council is available on the About Us page.

Who are the members of the Council?

The Council presently compises three ex officio members (members who gain membership automatically by virtue of their position) and 11 appointed members.

In order to be appointed, members must have had extensive experience at a high level in industry, commerce, public administration, industrial relations, the practice of a profession, or the service of a government or of an authority of a government; or, an extensive knowledge of administrative law or public administration; or direct experience and direct knowledge of the needs of people, or groups of people, significantly affected by government decisions.

For more information, visit the Members of the Council page.

How does the Council do its work?

The Council meets every 8 weeks throughout the year to discuss issues arising in administrative law and public administration. The Council is assisted in its work by a small Secretariat, the members of which are employed under the Public Service Act 1999.

The Council provides its advice to the Attorney-General in the form of reports and letters of advice. Reports are tabled in the Parliament by the Attorney-General, and are always published. The Council's reports are discussed in more detail, here. Prior to preparing a report, the Council undertakes extensive research and consultation, which may, where appropriate, involve the preparation of an issues paper, discussion paper or exposure draft report.

The Council also makes submissions to Parliamentary Committees and other government bodies. The Council may also be called upon to provide advice to government and parliamentary bodies, and provides an input into government legislative proposals that have administrative law implications.

The Council publishes its letters of advice in its annual reports. While its project reports are tabled and published, it is only by inclusion in its annual reports that the Council's letters reach the broader community.

A list of all the Council's letters that have been published, or summarised, in the Council's annual reports is available on the Index of Letters of Advice and Submissions page.

How effective is the Council?

The most recent and comprehensive review of how the Council is fulfilling its functions can be found in the Senate Legal and Constitutional Legislation Committee's Report on the Role and Function of the Administrative Review Council 1997. That report noted that the Council has been an effective body, providing useful and timely advice on administrative review matters.

In that report, the Senate Committee recommended that the Council seek to measure and report its performance against a set of qualitative and quantitative performance measures relating directly to its statutory functions. Since 1997-98 the Council, therefore, in its Annual Reports, has summarised its achievements during the reporting year in relation to the following performance measurement indicators:

Where can I get Council publications?

The Council is happy to provide hard copies of its publications, on request. If you require a hard copy, contact the Council's Secretariat on (02) 6250 5800. Electronic versions of the Council's more recent reports are available on the Publications page.

What is merits review?

Merits review is the process by which a person or body:

The process of review may be described as 'stepping into the shoes' of the primary decision-maker. The result of merits review is the affirmation or variation of the original decision.

Merits review of Commonwealth decisions is chiefly undertaken by administrative tribunals. The process of merits review will typically involve a review of all the facts that support a decision.

What are the objectives of merits review?

The principle objective of merits review is to ensure that those administrative decisions in relation to which review is provided are correct and preferable:

This objective is directed to ensuring fair treatment of all persons affected by a decision.

Merits review also has a broader, long-term objective of improving the quality and consistency of the decisions of primary decision-makers. Further, merits review ensures that the openness and accountability of decisions made by government are enhanced.

What are the elements of the Commonwealth system of administrative review?

One of the key elements of the Federal system of administrative review is a system of merits review by independent tribunals, and in particular the Administrative Appeals Tribunal, of many statutory decisions, together with a requirement to provide reasons for such decisions.

Other elements of the Federal system of administrative review include:

For more detailed information about the Federal system of administrative review, visit the Overview page.

How many Commonwealth tribunals are there?

One of the key elements of the Federal system of administrative review is a system of merits review by independent tribunals, of many statutory administrative decisions, together with a requirement to provide reasons for such decisions.

The main Federal tribunals are the Administrative Appeals Tribunal, the Social Security Appeals Tribunal, the Migration Review Tribunal, the Refugee Review Tribunal and the Veterans' Review Board.