Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

The Administrative Review Tribunal Bill 2023, the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023 and the Administrative Review Tribunal Bill (Consequential and Transitional Provisions No. 2) Bill 2023 would abolish the Administrative Appeals Tribunal and replace it with a new and much improved body, the Administrative Review Tribunal. In doing so, these bills represent the most important reform of the federal system of administrative review for decades. A strong user-focused administrative review body provides an avenue for community members to seek independent review of government decisions that have major and sometimes life-altering impacts on their lives.

The government recognises the importance of setting up the new tribunal with the best chance of success and has continued to listen and respond to stakeholder feedback throughout the parliamentary debate. The amendments I will move shortly respond to suggestions raised through the parliamentary scrutiny process, including by civil society stakeholders. Importantly, these amendments would strengthen requirements for merit based appointments, require a statutory review and reinstate second review for social security matters where two-tier review currently exists before the AAT. The amendments underscore the key objective of the reform, which is to deliver an independent review that is as quick, accessible and trauma informed as is consistent with reaching a correct or preferable decision.

The bills and amendments were formulated following detailed consultation with affected agencies across the Commonwealth and with guidance from the Administrative Review Expert Advisory Group. This consultation has continued after the introduction of the bills. The government also worked closely with the AAT in developing these amendments and consulted key external stakeholders in the legal assistance and legal aid sectors, particularly services focusing on social security matters on the overall policy settings. I express my thanks to all stakeholders who have engaged in the process of developing these bills and the amendments. Their contributions have greatly strengthened this important legislation.

These bills represent a vital, urgent reform that will have a real and lasting benefit for the lives of thousands of Australians. We have heard a lot from the opposition in this debate about the need for delay. What we haven't heard is any reason to oppose this reform. The House of Representatives Standing Committee on Social Policy and Legal Affairs has unanimously recommended that the bills pass this place. I urge the parliament to swiftly pass these urgent, critical reforms.

In conclusion, this legislation presents an opportunity to significantly improve Australia's administrative review system, a key pillar of our democracy. It will play a vital role in protecting the rights and interests of members of the community, ensuring that government and the Public Service act within the bounds of the law. It will lead to better government and better government decision-making. Above all, it will restore trust and confidence in Australia's system of merits review. I commend the bill to the House.

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