Alicia Payne (Canberra, Australian Labor Party) Share this | Hansard source

Australians have a fundamental right to have their voices heard. In this country, a liberal democracy, every Australian counts and every Australian is valued. That means that, when an individual interacts with the government and a decision is made that impacts their life, that individual should have confidence that they are able to question that decision and challenge it if they think it is wrong, because, whether it be a decision about immigration, about tax, about social security, about the NDIS or about veterans' affairs, unfortunately, mistakes can be made and they can have disastrous personal consequences.

All of us in this place will have experienced countless times when a constituent comes into our office, writes to us or calls us on the phone, in distress because they've just received some devastating news: their parents were denied a visa to move to Australia, leaving families separated; their NDIS plan was slashed, leaving them without crucial supports which help them to live; or they received an eye-watering debt notice from Centrelink and can't understand where it came from. Often our offices are able to assist in these matters, but often we can't, and that is exactly why review bodies such as the Administrative Appeals Tribunal are so necessary. They are a place for people to go when they think something has gone wrong.

The AAT was established in 1976. Since its establishment, it has become an essential institution in the legal framework of our nation. It's a body which stood as a cornerstone of our justice system, ensuring fairness, transparency and accountability in government decision-making. The AAT was unique when it was established. It was a body unlike a traditional court, providing a higher level of procedural fairness and accessibility. It was also one with far less formality than a court, and it was there for every Australian. Crucially, it operated independently of government.

Unfortunately, the AAT has been undermined and politicised beyond repair by the former coalition government. The former government treated the AAT as a job agency for former MPs, candidates, staffers, and Liberal donors and associates. They treated this incredibly important Australian institution as if it were an extension of their party room. They treated the AAT and the Australian people with absolute contempt. There was no merit based selection process. No qualifications, experience or expertise were required. A Liberal connection was often enough.

The Liberal Party fatally compromised the AAT. They shattered its independence and eroded the quality and efficiency of its decision-making. It was jobs for the boys in the most egregious way, and the consequences for the people who rely on the AAT were real. How is someone who has received a robodebt to trust a body when the person hearing their complaint might have previously worked for the social services minister? How is a veteran who has been denied access to additional mental health support to trust a body when the person hearing their complaint might have previously worked for the veterans' affairs minister? How is an Australian with disability appealing a cut to their NDIS plan to trust a body when the person hearing their complaint may have had a personal relationship with the minister who directed the NDIA to reduce funding for participants? I'm not accusing any member of the AAT of bias in any particular case, but, when an apprehension of bias occurs, trust disappears, faith in the institution is eroded, and people will not use their right to appeal a decision made wrongly against them.

I just note as well that to take something to the AAT, in and of itself, is a huge thing for most Australians to embark upon. It is often a last resort after battles over these decisions have been going on for a while. Already many things would seem prohibitive about that process, so the need to have trust in that institution is absolutely crucial.

All of this was compromised in order for Liberal ministers to reward Liberal affiliated individuals, not for their service to their nation but for their service to their political party. The positions are prestigious. They are well remunerated. They are vitally important to the administration of good governance and justice in this country. What the Liberal government did was cronyism at its absolute worst. Unfortunately, such behaviour from those opposite when they were in government was not surprising. It was so disappointing, but it was to be expected because self-interest, not national interest, was the name of the game. Through their conduct, they showed a contempt for our democracy and the institutions which support it.

No-one is saying that a political background taints a future career in government. It shouldn't. But, when merit is ignored, when experience does not matter and when subject matter expertise isn't a requirement in hiring processes, that is when there is a serious problem. Those are the things that should be important, regardless of political background. Those are the things that should have been considered most closely for appointments.

But the Albanese Labor government is cleaning up this mess. In 2022, the government announced its decision to abolish the AAT and replace it with a new federal administrative review body. That is what we are debating today, a very significant reform. The new Administrative Review Tribunal will build on 50 years of experience, learning and broad consultation which will ensure that it is user focused, efficient, accessible, independent and fair. The ART Bill implements all three recommendations from the Senate Legal and Constitutional Affairs References Committee's review into performance and integrity of Australia's administrative review system. It implements four recommendations from the Royal Commission into the Robodebt Scheme and two recommendations from the Rapid Review into the Exploitation of Australia's Visa System.

It is crucial that we have an accessible and responsive tribunal that promotes public trust and confidence. Public trust and confidence in the previous AAT were lost, and it is important that this new ART will ensure that the Australian people have a transparent, low-cost and timely way for merits review. Merits review is a key way for Australian citizens to hold governments to account, to challenge government decisions that are unfair and to ensure a check and balance on government power. Australia is stronger when the public has confidence in government administration. This was eroded not only by the decline of the AAT under those opposite but also through scandals such as robodebt or the former prime minister's penchant for secretly collecting ministries, some of the sorriest chapters of Australian history.

The Albanese Labor government is committed to ensuring public trust in government. In order to improve the merits review system, we will be implementing several key features under the ART: a simpler and more consistent process that is non-adversarial to resolve applications; powers and procedures to respond flexibly to changing case loads and to ensure that cases are resolved efficiently and effectively; and a simple membership structure that includes clear qualification requirements and job descriptions for all members, no matter what their level of membership. This final point will include clear, delineated roles and responsibilities for those in leadership positions, a transparent and merit based appointment process for members and performance and conduct management of the ART members by the president. These features will ensure that the ART is fit for purpose, efficient and trusted in order to serve the Australian people best.

Specifically, this bill will also have the ability to identify, escalate and report on systemic issues in administrative decision-making. This will encourage review of the system to ensure Australians can have faith in the work of the ART. This reporting mechanism will be undertaken through the re-establishment of the Administrative Review Council. The council will monitor the integrity of the administrative review system and inquire into the systemic challenges of administrative law. The council will also take responsibility for the education and training of Commonwealth officials to support their administrative decision-making and knowledge of administrative law.

The bill also establishes, for the first time, a guidance and appeals panel within the tribunal to resolve matters raising systemic issues and review tribunal decisions that may be affected by error. This will provide a mechanism for escalating significant issues and addressing material errors in tribunal decisions, promoting consistent tribunal decision-making and rapid responses to emerging issues from the tribunal and government departments and agencies. The bill also requires the tribunal to publish any decision involving significant conclusions of law or with implications for Commonwealth policy or administration. This is the implementation of a recommendation of the robodebt royal commission. But it takes it a step further so that it applies for all decisions, not just for decisions in the social security portfolio. This will ensure that the ART is something Australians can have faith in, and it a step towards restoring public trust after the robodebt disaster.

Today's debate is also a cognate debate on the consequential and transitional bill to repeal the AAT Act 1975 and allow for the tribunal to be replaced by the ART as established by the ART Bill. It amends 138 Commonwealth acts to ensure that the existing legislation continues to operate as intended for the new tribunal. This transitional bill retains essential modifications to the operation of the merits review framework for tax and charity matters, which ensure the workability of these frameworks and protect tax revenue collection or otherwise uphold longstanding core tax principles and practices.

It also abolishes the Immigration Assessment Authority and harmonises provisions relating to reviews of migration and refugee decisions, which will provide a broader suite of tools for the efficient and effective resolution of these matters. It adjusts the exhaustive statement of the natural justice hearing rule for migration and protection matters and enables flexibility for the tribunal to reduce delays and backlogs in migration and refugee matters, increasing fairness for genuine applicants and maintaining the integrity of the migration system.

The consequential and transitional bill will also alter the approach to reviews of social security and child support decisions, providing a fit-for-purpose style of review. Matters will be triaged with resolution pathways adapted according to the complexity of the matter and whether the participation of the decision-maker will assist its effective and efficient review. It also continues existing pathways and protections for the review of matters involving sensitive national security or intelligence information, with enhancements to simplify drafting and promote consistent effective approaches.

This bill will retain merits review in two separate bodies as a unique feature of veterans entitlement law, with matters reviewed by the Veterans' Review Board continuing to be appealable to the ART. It also promotes consistency and simplicity by repealing special arrangements that overlap, duplicate or unnecessarily displace core provisions of the ART Bill. The consequential and transitional amendment bill will also help the transition from the AAT to the ART, transitioning the tribunal's active, pending and potential case loads, including matters currently before the courts, to minimise disruption and to maintain review rights. The bill also contains conditions for certain AAT members, including the president, to transition to the ART and sets out arrangements for certain members who do not transition to the new tribunal.

When we came to government, the AAT was in disarray. This bill is an important reform and a really important step towards restoring trust in our institutions. It is important for the Australian people, who have a right for their voices to be heard and a right to appeal government decisions when they believe those decisions are wrong, often with disastrous personal consequences. As I said before, for people trying to appeal these decisions, trying to take this on, this can be an incredibly difficult time—involving a local member in trying to resolve the issue, sometimes without success. It is so important that this review tribunal will be a trusted body that people can go to and know that the people appointed to it have the right experience and expertise. It is most important that they are seen as trusted appointees that Australians can go to when they most need help from their government.

We have seen some really shameful things in recent years. The robodebt scandal was a particular low point in the governance of this country and a particular low point in relation to undermining Australians' trust in government—particularly for vulnerable people, people on low incomes and people who were given debts that they didn't even understand.

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