Government response to the report on the performance and integrity of Australia's administrative review system

Administrative law
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[Extract from response letter to President of the Senate]

Dear President

I am writing to convey the Government’s response to the Senate Legal and Constitutional Affairs References Committee report on The performance and integrity of Australia's administrative review system, which predates the 47th Parliament.

The Government notes each recommendation of the report. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate. 

I would also like to take this opportunity to outline some developments relevant to the Committee’s report and recommendations. The Government reformed Australia’s administrative review system to ensure it is transparent, user-focused, efficient, accessible and fair following recommendations from the Senate Legal and Constitutional Affairs Committee in March 2022. The Administrative Review Tribunal (ART) commenced on 14 October 2024, replacing the former Administrative Appeals Tribunal.

These recommendations have been effectively implemented through the design of key features of the ART under the Administrative Review Tribunal Act 2024 including:

  • a user-focused design, including simpler and consistent processes, and an emphasis on non-adversarial approaches to resolving applications; 
  • a suite of powers and procedures to respond flexibly to changing caseloads;
  • mechanisms to identify, escalate and report on systemic issues in administrative decision-making (including through the re-established Administrative Review Council and the establishment of a guidance and appeals panel);
  • a simple membership structure with clear qualification requirements and role descriptions for each level of membership;
  • clear and delineated roles and responsibilities for those who hold leadership positions in the Tribunal;
  • a transparent and merit-based appointment process for members; and
  • powers for the President to manage the performance, conduct, and professional development of members.

Please accept this letter as the Government’s response to the Committee’s report. A copy of this letter has also been provided to Senator Leah Blyth, Chair of the Senate Legal and Constitutional Affairs References Committee.

Yours sincerely

[signature redacted]

Michelle Rowland MP