Cassandra Fernando (Holt, Australian Labor Party) Share this | Hansard source

I rise today to address this chamber on the matter of the Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024. This bill represents a pivotal component of our government's commitment to enhancing the efficiency, fairness and accessibility of Australia's administrative review system. As the federal member for Holt and a staunch advocate for the rights and interests of my constituents, I approach this legislation with a deep sense of responsibility and dedication to ensuring that the voices of everyday Australians are heard and respected within our democratic institutions. The reforms proposed in this bill hold the potential to significantly impact the lives of countless individuals who rely on the administrative review process to redeem decisions made by government agencies. Allow me to provide some context on the significance of this bill and the broader reforms it seeks to advance.

In late 2022, the Albanese government made the decision to abolish the Administrative Appeals Tribunal, the AAT, and replace it with the new Administrative Review Tribunal, the ART. This decision was not made lightly but was driven by the recognition of the systematic challenges and shortcomings that had plagued the AAT in recent years. The AAT, once regarded as a cornerstone of Australia's administrative review system, had unfortunately fallen short of meeting the needs and expectations of the Australian people. Delays, insufficiencies and concerns about impartiality had eroded public trust in the tribunal, leaving many individuals feeling disempowered and disenfranchised. Countless people found themselves caught in the mess of incorrect decisions or lingering uncertainty while awaiting their turn to access the AAT. This inflicted unjust hardship and emotional turmoil on those whose lives hung in the balance.

Under the previous regime, asylum seekers endured waits of up to a decade for resolution of their cases. At the moment, only half of protection visas are processed in 4.8 years, with five per cent taking up to 6.2 years. These delays have not only worsened the struggle of vulnerable individuals but also provided ground for exploitation by unscrupulous migration agents, who've capitalised on their desperation with false promises of asylum avenues. Partner visa decisions are no better, with half taking 3.8 years to resolve. That is nearly four years away from your significant other—potentially, four more years away from your children. This distressing state of affairs stems directly from the former government's handling of the merger of the AAT with other tribunals, including the Social Security Appeals Tribunal, the Migration Review Tribunal and the Refugee Review Tribunal.

The fallout from this mismanagement has echoed throughout the lives of tens of thousands of Australians who've relied on the AAT to come to a resolution on decisions, with profound implications for their lives and wellbeing. Throughout my term in parliament, I have encountered numerous constituents whose lives have been directly impacted by the outcomes of their AAT reviews. Their narratives have underscored the pivotal need to ensure that these decisions are made with accuracy and fairness. Unfortunately, the previous government fell short of upholding these standards of integrity in its governance. The Asylum Seeker Resource Centre stated:

The end of the AAT and the establishment of a user-focused, merit-based, independent, accessible, efficient and fair system is a much-needed, prudent and compassionate reform.

It went on to say:

The AAT has fundamentally failed refugees due to under-resourcing, politicised appointments, undue complexity and inaccessibility, and the Abbott Government's cancelling of pro bono legal assistance for people seeking asylum. These policy choices, made primarily by the Abbott and Morrison Governments, resulted in the average time for a review of a protection visa application jumping from 31 weeks to over 3 years between 2017-2022.

Nonetheless, the Albanese Labor government was elected on a pledge to restore integrity to public institutions and foster trust in government decisions. Addressing the systemic challenges within the administrative review system is crucial to upholding this commitment to integrity. It was clear that decisive action was needed to restore confidence in the administrative review process and uphold the principles of fairness, transparency and accountability.

The establishment of the Administrative Review Tribunal represents a bold and ambitious step towards revitalising our administrative review system and ensuring that it remains responsive to the needs of those it serves. By establishing a new tribunal, we seek to rebuild confidence in the integrity of the review process and guarantee that individuals receive the justice and fairness they rightly deserve. The bill sets out the objective of the new tribunal which will guide its operations and the actions of all members of staff. In the words of the Attorney-General, the Hon. Mark Dreyfus, the bill's objective is to provide an independent mechanism of review that 'is fair and just; resolves applications in a timely matter, with as little formality and expense as is consistent with reaching the correct or preferable decision; is accessible and responsive to the diverse needs of parties; improves the transparency and quality of government decision-making; and promotes public trust and confidence in the tribunal'.

To ensure that it is able to achieve this objective, the bill would establish a tribunal with the following key features: a user focused design, including simpler and more consistent processes and an emphasis on non-adversarial approaches to resolving applications; a suite of powers and procedures largely harmonised across the tribunal to respond flexibly to changing case loads; mechanisms to identify, accelerate and report on systematic issues in administrative decision-making, including through a new guidance and appeals panel; a simple membership structure with clear qualification requirements and role descriptions for each level of membership; clear, distinct roles and responsibilities for those who hold leadership 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.

The bill before us today is a crucial component of this broader reform agenda as it seeks to provide the necessary transitional and consequential provisions to facilitate the smooth transition from the old AAT to the new ART. It is imperative that we minimise disruption and uphold the rights of these individuals as we transition to the new tribunal. This bill achieves this objective by outlining clear mechanisms for the automatic transition of the AAT cases to the ART, thereby safeguarding the interests of applicants and ensuring that their access to justice is not unduly compromised.

Furthermore, this bill underscores our government's commitment to promoting fairness and equity in the administrative review process. We are implementing measures such as the establishment of the merit based appointment process for tribunal members so that the ART is populated by individuals of the highest calibre who are dedicated to upholding the principles of justice and integrity.

It is also worth noting the significant investments that our government has made to support the effective functioning of the ART. In 2023 the government made an investment of over $58 million in the Administrative Appeals Tribunal, the Federal Circuit Court and the Family Court of Australia to increase the capacity of these bodies to deal with protection visa and other migration related case loads.

This bill allocates additional resources to the tribunal on top of this and includes funding for the recruitment of new members and the implementation of modernised case management systems. The government will provide $21.8 million over the two years from 2023 to 2024 for the AAT to support transition to the new ART. A further $18.5 million over four years, from 2023-2024, will be provided for the AAT to continue to develop and expand the new case management system for use by the new tribunal. These investments are crucial to addressing the backlog of cases that has clutched the administrative review system and to ensuring that individuals receive timely and efficient resolutions of their grievances.

In conclusion, the ART Bill represents a leap forward in our ongoing efforts to strengthen Australia's administrative review system. By ushering in a new era of transparency, accountability and efficiency, this bill reaffirms our government's commitment to upholding the rule of law and safeguarding the rights of all Australians. I urge all members in this chamber to support this passage of this bill and demonstrate our collective commitment to delivering a fair and accessible administrative review process for the benefit of all Australians.

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