The purpose of this Bill is to abolish the current Administrative Appeals Tribunal and establish a new tribunal with improved criteria for member appointments, ensuring a transparent process.
Under the new system, positions would be advertised and candidates selected based on their qualifications and experience, with an appropriate interview process.
This approach seeks to alleviate concerns regarding past politicisation of tribunal membership.
Transcript
The Administrative Review Tribunal Bill 2024 and the associated bills, which relate to the replacement of the Administrative Appeals Tribunal with a new administrative review tribunal, are long overdue.
The Administrative Appeals Tribunal has developed a reputation for inefficient and delayed decision-making, holding up the highly emotive process of considering mostly visa reviews and applications. The appointment process of tribunal members has been less than transparent, with many appointments being clearly politically based and with many appointees being barely qualified for their positions. That has raised a number of questions and a lot of talk. The new tribunal will offer transparent appointments based on merit and will ensure that decision-making will be less questionably based on perceived biases or lack of understanding of the issues. That’s a clear issue in the profession. Positions will be advertised and appointments made based on record and performance at an interview. Applicants must have relevant knowledge, skills and experience, and their qualifications need to be stated.
A significant problem in considering the bills, though, has been the time involved in assessing the voluminous amount of material, which something that previous speakers Senator Shoebridge and Senator Scarr both mentioned. That is particularly so in terms of accessing the voluminous amount of material in the context of the huge number of consequential amendments that need to be made to more than 138 acts and the consideration of the impact of these changes. That’s no light task; it’s not a five-minute task.
It’s been suggested that the new bill does not adequately offer persons with immigration challenges enough access to legal support when presenting their case for review. The bills reintroduce the Administrative Review Tribunal. This is generally considered a good move as it can assist in avoiding long and expensive court actions. It’s hoped that the Administrative Review Tribunal will be sufficiently resourced to avoid the enormous backlogs that have prevented timely and final resolution of primarily .migration and refugee matters. It’s been said that the Administrative Appeals Tribunal merits review system was failed by the Administrative Appeals Tribunal which did not function effectively, efficiently or transparently. In 2022-23, more than 19,000 migration and refugee matters came into the Administrative Appeals Tribunal. This represented 46 per cent of all applications that came into the Administrative Appeals Tribunal. There were over 54,000 matters still outstanding at the end of the financial year. It’s hoped that this backlog will be more effectively dealt with by the new Administrative Review Tribunal.
I need to point out that the mass of material within these bills that we’ve had to go through has been difficult to take in at short notice. Sadly, this is becoming a standard practice of this Albanese Labor government, making it difficult for crossbenchers to efficiently and, sometimes, effectively perform their functions. We heard about the hoops that Senator Scarr had to jump through. That’s not acceptable. Senator Shoebridge also mentioned the same problem. The process of developing this bill and getting it through scrutiny has been catastrophic, as one of them said. We have also seen a number of bills guillotined under the Labor-Greens-Teals-Senator Pocock coalition. That coalition has been pushing things through this parliament, suppressing orders for the production of documents and guillotining debate. We’ve had bills with enormous consequences for this country—some of the most far-reaching ever—rammed through this parliament with not one word of debate. I’m talking now particularly about the digital identity bill, which went through recently. That bill was amended quite substantially, and there was not one word of debate about the bill, nor about any of those amendments. So the process of coming to where we are with the Administrative Review Tribunal was flawed. Senators Scarr and Shoebridge echoed that. But the changes are needed. As servants to the people of Queensland and Australia, my team and I have weighed the pros and cons. Based on all of this, I somewhat reluctantly decided to support the bill. Having listened, though, to Senators Scarr and Shoebridge, who are lawyers and who I respect, I will be reflecting and may change my mind. But, at the moment, we are highly critical of the government’s process in developing this bill and putting it through what amounts to less-than-perfect, inadequate scrutiny. I do say the changes are needed at the moment. I reluctantly support the bill.
