Jerome Laxale (Bennelong, Australian Labor Party) Share this | Hansard source

I've said it many times in this place: I'm really proud to represent a truly diverse and vibrant multicultural community. The richness of cultures, languages and traditions that make up the fabric of Bennelong not only enriches our social landscape but contributes significantly to the economic and cultural vitality of our region. We see this in the flourishing local businesses, the diverse culinary offerings that have become the pride of our food festivals and the cultural events that draw visitors from across the city and the nation, showcasing the unity in our diversity.

Representing such a diverse constituency also means I've developed a deep understanding of the intricacies of our immigration system. We are a country built on migration, a country of migrants. Over 70 per cent of locals in Bennelong have either one or both parents who were born overseas. We are a country that is far away from a lot of people, but we have a population that is deeply connected to the world. As such we should have an open, transparent and well-functioning immigration system.

As many reviews have proved, we have inherited just the opposite. Many members of Bennelong who have families overseas are constantly navigating this complex process. They are understandably seeking to reunite with loved ones, family members and friends, whether for a short visit or with the hope of building a permanent life here. These experiences, both joyful and challenging, have provided me also with invaluable insights into the working of our immigration policies and procedures.

With this deep understanding of the immigration system, I've also had the opportunity to become very well acquainted with the Administrative Appeals Tribunal and the critical role it plays not only in the immigration process but also in all the areas it covers as well. The AAT becomes relevant for locals as a place where they can seek review of decisions made by arms of government. Reviewmaking is a crucial part of the process for anyone who has the experience of having an unsuccessful visa application. Through countless interactions in seeking to assist locals in Bennelong, either in preparing their appeals or simply helping them navigate the system, I've gained a firsthand view, in my short time in this place, of the system's strengths and, most importantly, its weaknesses. My local community's experience underscores the importance of an accessible, fair and efficient review system—a system where decisions are made transparently and based on merit, not hindered by unnecessary bureaucracy or delays.

The AAT has been established to offer a fair avenue for challenging government decisions, including those related to visas, to ensure they are made justly and lawfully. It plays an important role. It should serve as a critical interface between the government and individuals, embodying the principles of accountability and transparency that are foundational to our democratic values. However, the system has increasingly struggled with politicised appointments and inefficiencies which have impacted its ability to deliver timely and, importantly, impartial decisions. It's become clear to me that without substantial reforms, such as those proposed by the Administrative Review Tribunal Bill 2023, trust in and the fairness of the administrative review process will continue to erode.

The Administrative Review Tribunal Bill 2023 and its consequential amendments offer this parliament an opportunity to ensure that fairness, accessibility and independence are not just aspirational values but are actively embodied in the functioning of our administrative justice system. The credibility of the AAT hinges on its ability to be autonomous from political meddling, ensuring decisions are based on law not favouritism. Unsurprisingly, those opposite, who were in government with no credibility or integrity, seek to oppose these measures to clean up the AAT. Under the Liberals and Nationals, the AAT was subject to egregious mismanagement that severely compromised its integrity and efficiency, and tampered with its mission to serve the Australian public.

Historically, the AAT prided itself in appointments grounded in legal expertise, professional merit and unwavering commitment to impartial justice, yet under the Liberals and Nationals 85 appointments to the AAT were based on political loyalty rather than competence or legal ability. This included a motley crew of the former MPs, failed political candidates and party affiliates, many of whom were glaringly deficient in the legal expertise requisite for the tribunal's mandates. I'm not saying that former MPs don't have a role to play post public life. There are plenty of examples of former MPs doing a good job serving their nation after their time in this place. However, it's also clear that the Liberals and Nationals flatly abused the system to benefit those with connections to their government—they had 85 political appointments.

That makes me think: what happened when these appointments were made on basis of political influence rather than on merit base? Instead of legal experts, they put on their mates. By de-skilling the AAT, the Liberal-National governments fundamentally neglected the tribunal's operational requirements and it was completely dysfunctional. A backlog of cases was made even worse by inefficiencies and the inept handling by inexperienced employees led to huge delays. Australians across the country were left waiting in limbo while decisions on their visa status, Centrelink payment eligibility, childcare subsidies and other things clogged the system owing to this AAT mismanagement. Multiple outdated electronic case-management systems created a patchwork of obsolete systems, ill-equipped for the modern challenges of administrative review.

The negligence of those opposite not only assaulted the tribunal's independence and the quality of its decision-making but also crippled its efficiency, accessibility and financial stability. It left thousands of Australians waiting to be heard on critical matters, leaving them with a very real emotional, practical and financial toll. In my electorate, the experiences of Brian from Eastwood and Rebecca from Meadowbank are two of the many reminders of the real, tangible impacts of a tribunal mired in inefficiency and hampered by negligence. Brian from Eastwood started on his journey to securing permanent residency for his wife with optimism, but it quickly descended into a protracted nightmare owing to the inefficiencies at the AAT. Their anticipation of starting a new chapter of their lives in Bennelong was brutally interrupted by an unforeseen rejection in 2019 that threw them into a relentless cycle of waiting and uncertainty. For four long years they heard nothing from the AAT, with no idea when their case might be heard, trapping them into a state of the unknown.

Similarly, Rebecca's struggle with the AAT over her parental leave payment further shows the tribunal's inability to respond flexibly and resolve cases effectively. Even though she had given up part of her salary to help her employer during the pandemic, she ended up in a frustrating situation where she was told she couldn't get the financial help she really needed, because the backpay she received pushed her over the threshold to claim her paid parental leave. Her hope turned to disappointment when the AAT could not consider her specific circumstances owing to its inflexibility. These are just two of many stories that I've heard about in my time in this place about how it genuinely cost tens of thousands of people across the country who rely on the tribunal each year to independently and efficiently review government decisions that often have had a significant and life-altering impact on their lives.

The Albanese government is fully aware of how urgent these problems are, and that's why we are addressing the longstanding issues of fairness, accessibility and impartiality that have plagued the AAT. This effort creates a new review body that prioritises people's needs and rights. This legislation aims to fix the root cause of the issues, not just the surface problems. It means we propose to create a system centred around the user and ensuring that people feel supported every step of the way. The new body proposed by this legislation will be more efficient. It will reduce wait times and it will deal with the backlog that has kept too many Australians waiting for too long. It will be easier for everyone to use, no matter their background or how much they know about the law.

Under our government we will have an administrative review tribunal that will ensure that the people who make the decisions are chosen because they're the best people for the job. It'll make a system easier for everyone to use. It'll make decisions faster and ensure that the tribunal can do its work independently of political interference and external pressures. We'll ensure that appointed tribunal members are appointed because of their skills, not their politics. By rigorously vetting appointments to ensure members possess the necessary legal experience, integrity and impartiality, we will significantly uplift the quality of decision-making and, concurrently, restore public trust in the tribunal's processes and outcomes.

We're also very focused on making the tribunal user-friendly. This entails streamlining application and review processes and embracing modern technology to facilitate easier application submission and efficient case-tracking. Our aim is to make dealing with the tribunal easier and more transparent for everyone, whether they're an individual or a business. This more user-friendly focus will help us deal with a backlog of cases waiting to be heard by the tribunal. By using innovative case management strategies and technology, this legislation will lead to a reduction in wait times, no longer leaving people waiting years for their decision.

We'll also implement new rules and structures to keep the decision-making processes independent, restoring people's trust in the AAT. The introduction of new safeguards and governance structures will protect the tribunal from external influences and guarantee that decisions are made solely on legal merit and the evidence presented. We want to deliver a clearer, fairer system that people can trust. By focusing on skill, simplicity, speed and fairness, we're making a commitment to improving the way the justice system is done in reviewing government decisions. This is about making sure our system is a model of fairness and justice that thousands of Australians, who depend on the AAT each year, can use.

Under the stewardship of the previous government, the AAT was allowed to devolve into a quagmire of inefficiency and politicisation—a far cry from its founding principles of impartiality, fairness and accessibility. Appointments were driven by political loyalty rather than by competence, and they have undermined the tribunal's integrity and capacity to deliver timely decisions.

Unlike those opposite, the Albanese government is taking decisive action to address these longstanding challenges. We're not leaving this in the too-hard basket. By introducing this bill, we are laying the groundwork for a system that will seek to serve the Australian people. Through these reforms, we are not just changing how the tribunal will operate; we are affirming our commitment to justice, transparency and democracy. I commend them to the House.

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