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

I also thank the member for North Sydney for her constructive engagement on these provisions of the Administrative Review Tribunal Bill 2023 and the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023, to which she has moved amendments. To use the language of the member for North Sydney, I think I can say fairly that the government is committed to shifting the dial, and I would hope that the whole of this legislation that we have brought to the parliament and the amendments that we have brought to the parliament, including the amendments that I'm about to move to the consequential provisions bill, show that we have an ongoing commitment to making sure that appropriate reform takes place.

But on these particular matters, although we share the objective of making sure that the whole of the administrative review system, including the review of Migration Act decisions, is done as accessibly and fairly as possible and in the optimum possible way, we've come to a different view about what is presently the appropriately workable provision, bearing in mind what I think are totally agreed objectives: the objective that the amount of time that a person spends in immigration detention should be minimised and the further objective of needing to provide certainty in a migration system, which rests on certainty of a person's visa status at all times. Were we to agree to these amendments as proposed by the member for North Sydney, we would be producing incompatibility with the current working of the migration system and also producing an outcome that would be inconsistent with the government's policy of minimising the amount of time that people spend in detention. For those reasons, I say again the government can't support the proposed amendments, not because we don't have a shared objective with the member for North Sydney but rather because of our view that they would be unworkable in the context of the volume of decisions on visas in the context of the need for certainty as to a person's immigration status and because of the probability that they would lead to people spending more time in immigration detention, which is the opposite of what we would wish to achieve.

Question negatived.

I present the two supplementary explanatory memoranda to the bill, and I ask leave of the House to move government amendments (1) to (45) on sheet TM116 and government amendments (1) to (50) on sheet UP104, as circulated, together.

Leave granted.

I move government amendments (1) to (45) on sheet TM116 and government amendments (1) to (50) on sheet UP104 together:

SHEET TM116

(1) Schedule 3, item 6, page 96 (lines 8 and 9), omit the definition of guidance and appeals panel application in subsection 3(1).

(2) Schedule 3, item 14, page 97 (lines 8 to 14), omit the item, substitute:

14 Section 110 (paragraph beginning "If a person is dissatisfied with a decision of the AAT")

Repeal the paragraph, substitute:

If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.

In other circumstances, application may be made for review (a "second review") of the decision by the ART on ART review. Applications for second review are made under the ART Act.

(3) Schedule 3, items 20 and 21, page 98 (lines 4 to 14), omit the items.

(4) Schedule 3, item 25, page 99 (lines 4 and 5), omit "unless the proceeding is in relation to a guidance and appeals panel application".

(5) Schedule 3, item 25, page 99 (lines 9 and 10), omit "unless the proceeding is in relation to a guidance and appeals panel application".

(6) Schedule 3, item 26, page 100 (lines 1 to 22), omit the item, substitute:

26 Subsection 115(2)

Repeal the subsection, substitute:

(2) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.

(7) Schedule 3, item 27, page 100 (lines 25 and 26), omit "(other than a guidance and appeals panel application)".

(8) Schedule 3, page 102 (after line 3), after item 32, insert:

32A Subsection 122(1)

After "subsection (4)", insert "and the outcome of any application under section 294 of the ART Act".

(9) Schedule 3, page 102 (after line 8), after item 33, insert:

33A Paragraph 123(a)

Repeal the paragraph, substitute:

(a) the ART has reviewed:

(i) a decision (a child support decision) on application referred to in section 89 of the Child Support (Registration and Collection) Act 1988; or

(ii) a decision on application referred to in section 131D of the ART Act in relation to a child support decision; and

(10) Schedule 3, item 35, page 102 (lines 15 to 18), omit the item.

(11) Schedule 3, item 60, page 107 (after line 11), after the definition of guidance and appeals panel proceeding in subsection 4(1), insert:

second review has the same meaning as in the ART Act.

(12) Schedule 3, item 64, page 107 (lines 23 to 28), omit the item, substitute:

64 Section 87A (paragraph beginning "The person may")

Repeal the paragraph, substitute:

If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.

In other circumstances, application may be made for review (a "second review") of the decision by the ART on ART review, or as the original decision-maker. Applications for second review are made under the ART Act.

(13) Schedule 3, item 73, page 109 (lines 5 and 6), omit the item, substitute:

73 Subsection 92(4)

Repeal the subsection, substitute:

(4) If the ART refuses the extension application, the notice under subsection (3) must include, or be accompanied by, a statement to the effect that:

(a) subject to this Act and the ART Act, the person may apply to the ART for second review of the decision; and

(b) the person may, under section 268 of the ART Act, request a statement of reasons for the decision.

(14) Schedule 3, item 76, page 110 (before line 23), before subsection 95B(1A), insert:

(1AA) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.

(15) Schedule 3, item 76, page 110 (line 23), omit "Subsection (1) does not", substitute "Subsections (1) and (1AA) do not".

(16) Schedule 3, page 112 (after line 24), after item 83, insert:

83A Paragraph 95M(a)

Repeal the paragraph, substitute:

(a) the ART has reviewed:

(i) a decision (a family assistance decision) on application referred to in section 111 of the Family Assistance Administration Act; or

(ii) a decision on application referred to in section 131D of the ART Act in relation to a family assistance decision; and

(17) Schedule 3, item 92, page 114 (line 33), omit paragraph 110Q(b), substitute:

(b) an application to the ART for ART review of that objection or second review of a decision on that ART review;

(18) Schedule 3, item 93, page 115 (lines 8 to 10), omit paragraph 110W(1)(b), substitute:

(b) no application may be made under the ART Act for second review of the decision or to refer the decision to the guidance and appeals panel; and

(19) Schedule 3, item 94, page 115 (lines 13 and 14), omit paragraph 110W(1A)(b), substitute:

(b) an application may be made under the ART Act for second review of the decision or to refer the decision to the guidance and appeals panel; and

(20) Schedule 3, item 96, page 115 (line 24), after "ART review", insert "or second review".

(21) Schedule 3, item 97, page 115 (lines 27 to 30), omit the item.

(22) Schedule 3, item 98, page 116 (line 4), after "panel", insert "or second review".

(23) Schedule 3, item 106, page 117 (lines 15 to 20), omit the item, substitute:

106 Section 4 (paragraph beginning "Part 5-3")

Repeal the paragraph, substitute:

If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.

In other circumstances, application may be made for review (a "second review") of the decision by the ART on ART review. Applications for second review are made under the ART Act.

(24) Schedule 3, item 113, page 119 (lines 1 to 7), omit the item, substitute:

113 Section 213 (paragraph beginning "AAT first review is available")

Repeal the paragraph, substitute:

ART review is available for certain claimant decisions (called ART reviewable claimant decisions). People whose interests are affected by ART reviewable claimant decisions may apply for ART review of those decisions.

A person may also apply to the ART for second review if the person is dissatisfied with the decision of the ART on review of an ART reviewable claimant decision. Applications for second review are made under the ART Act.

(25) Schedule 3, item 116, page 119 (lines 20 to 26), omit the item.

(26) Schedule 3, item 122, page 121 (before line 30), before subsection 226(2), insert:

(1A) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.

(27) Schedule 3, item 122, page 121 (line 30), omit "Subsection (1) does not", substitute "Subsections (1) and (1A) do not".

(28) Schedule 3, item 144, page 126 (lines 20 to 26), omit the item, substitute:

144 Section 139 (paragraph beginning "If a person is dissatisfied with a decision of the AAT")

Repeal the paragraph, substitute:

If a person is dissatisfied with a decision of the ART on ART review, the person may apply to the ART for second review.

(29) Schedule 3, item 148, page 127 (lines 8 to 13), omit the item.

(30) Schedule 3, item 169, page 132 (lines 4 and 5), omit "unless the proceeding is in relation to a guidance and appeals panel application".

(31) Schedule 3, item 169, page 132 (lines 9 and 10), omit "unless the proceeding is in relation to a guidance and appeals panel application".

(32) Schedule 3, item 170, page 132 (lines 29 and 30), omit "(other than a guidance and appeals panel application)".

(33) Schedule 3, item 178, page 134 (lines 10 to 31), omit the item, substitute:

178 Subsections 182(2) and (3)

Repeal the subsections, substitute:

(2) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.

(34) Schedule 3, item 182, page 135 (lines 20 and 21), omit the definition of guidance and appeals panel application in subclause 1(1) of Schedule 1.

(35) Schedule 3, item 184, page 136 (lines 12 and 13), omit the definition of guidance and appeals panel application in subsection 3(1).

(36) Schedule 3, items 190 and 191, page 137 (line 9) to page 138 (line 20), omit the items.

(37) Schedule 3, item 193, page 138 (lines 24 to 30), omit the item, substitute:

193 Section 309 (paragraph beginning "If a person is dissatisfied with a decision of the AAT")

Repeal the paragraph, substitute:

If a person is dissatisfied with a decision of the ART on ART review, the person may apply to the ART for second review.

(38) Schedule 3, item 197, page 139 (lines 8 to 13), omit the item.

(39) Schedule 3, item 200, page 140 (lines 1 and 2), omit subsection 312(3).

(40) Schedule 3, item 201, page 140 (lines 8 and 9), omit "unless the proceeding is in relation to a guidance and appeals panel application".

(41) Schedule 3, item 201, page 140 (lines 13 and 14), omit "unless the proceeding is in relation to a guidance and appeals panel application".

(42) Schedule 3, item 202, page 141 (lines 5 to 26), omit the item, substitute:

202 Subsection 315(2)

Repeal the subsection, substitute:

(2) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.

(43) Schedule 3, item 209, page 146 (table item relating to paragraph 123(a)), omit the table item.

(44) Schedule 3, item 212, page 153 (table item relating to paragraph 95M(a)), omit the table item.

(45) Schedule 16, items 43 to 50, page 277 (line 6) to page 282 (line 20), omit the items, substitute:

43 Definitions

In this Division:

AAT second review has the same meaning as in the old law.

ART social services decision has the meaning given by the new Act.

second review has the meaning given by the new Act.

44 No second review following AAT second review

(1) This item applies if:

(a) a person applied for AAT second review of an ART social services decision under the old law; and

(b) the AAT second review has begun or has been completed.

(2) The person is not entitled to apply to the ART for second review in relation to the decision.

SHEET UP104

(1) Clause 2, page 2 (after table item 2), insert:

(2) Clause 2, page 2 (table item 3, column 1), omit "items 1", substitute "items 2".

(3) Clause 2, page 2 (after table item 4), insert:

(4) Clause 2, page 2 (table item 5, column 1), omit "items 32", substitute "items 34".

(5) Clause 2, page 2 (after table item 5), insert:

(6) Schedule 2, item 27, page 45 (lines 12 and 13), omit the item, substitute:

27 Paragraph 109(3)(c)

Repeal the paragraph.

27A Paragraph 109(3)(d)

Omit "under Part 5 or 7", substitute "by application under Part 5".

27B At the end of section 109

Add:

(6) Section 267 (decision-maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under subsection (3) of this section.

(7) Section 268 (requesting reasons for a reviewable decision from decision-maker) of the ART Act does not apply in relation to decisions to cancel a visa under this section.

(7) Schedule 2, page 48 (after line 12), after item 49, insert:

49A At the end of section 140N

Add:

(4) If the regulations provide for notification by the Minister of the decision to take action under section 140M, then the following provisions of the ART Act do not apply to the decision:

(a) section 267 (decision-maker must have regard to rules when giving notice of decision);

(b) section 268 (requesting reasons for a reviewable decision from decision-maker).

(8) Schedule 2, item 120, page 56 (line 35), omit paragraph 336P(2)(l), substitute:

(l) section 294 (legal or financial assistance), unless the review is of a decision referred to the guidance and appeals panel by the President of the ART under section 122 of the ART Act.

(9) Schedule 2, item 139, page 63 (lines 30 and 31), omit "under section 105 of the ART Act or section 349 of this Act", substitute "referred to in subsection (1A)".

(10) Schedule 2, page 64 (after line 2), after item 140, insert:

140A After subsection 351(1)

Insert:

(1A) For the purposes of subsection (1), the decisions are as follows:

(a) a decision under section 349 of this Act;

(b) a decision under section 368C of this Act;

(c) a decision under section 105 of the ART Act.

(11) Schedule 2, page 65 (after line 14), after item 149, insert:

149A Subsection 357A(1)

Omit "This Division is", substitute "The relevant provisions are".

149B Subsection 357A(1)

Omit "it deals", substitute "they deal".

(12) Schedule 2, item 150, page 65 (lines 15 and 16), omit the item, substitute:

150 Subsection 357A(2)

Repeal the subsection.

(13) Schedule 2, item 151, page 65 (line 19), omit "this Division", substitute "the relevant provisions".

(14) Schedule 2, item 151, page 65 (line 20), omit "this Division prevails", substitute "the relevant provisions prevail".

(15) Schedule 2, item 151, page 66 (lines 5 to 7), omit "this Division does not require the ART to observe any principle or rule of common law relating to the matters this Division deals", substitute "the relevant provisions do not require the ART to observe any principle or rule of common law relating to the matters the relevant provisions deal".

(16) Schedule 2, item 151, page 66 (after line 7), after subsection 357A(2C), insert:

(2D) In this section, the relevant provisions are:

(a) this Division; and

(b) sections 374, 375, 375A and 376 and Division 7, in so far as they relate to this Division.

(17) Schedule 2, item 164, page 67 (line 20), after "the ART", insert "by the Department".

(18) Schedule 2, page 67 (after line 21), after item 164, insert:

164A After subsection 362A(1)

Insert:

(1A) If an applicant makes a request under subsection (1), the Department must provide the applicant with access to the material.

(19) Schedule 2, item 168, page 68 (line 5), omit "366D", substitute "366C".

(20) Schedule 2, page 68 (after line 6), after item 168, insert:

168A Section 366D

Omit "Tribunal", substitute "ART".

(21) Schedule 2, item 174, page 74 (lines 16 to 18), omit section 373.

(22) Schedule 2, item 231, page 81 (lines 20 and 21), omit ", on the Tribunal's own initiative,".

(23) Schedule 2, item 237, page 82 (lines 21 and 22), omit paragraph 474AA(2)(b), substitute:

(b) the ART does not have a duty to consider a request to refer a question of law at the request of a party to a proceeding.

(24) Schedule 2, item 237, page 82 (after line 22), after subsection 474AA(2), insert:

(2A) To avoid doubt, if the ART refers a question of law under section 185 of the ART Act, Division 6 of Part 7 of that Act applies in relation to the proceeding before the Federal Court in relation to the reference.

(25) Schedule 2, item 237, page 82 (line 23) to page 83 (line 2), omit subsections 474AA(3) and (4), substitute:

(3) Subdivision A of Division 2 of Part 7 of the ART Act (appeals on questions of law) does not apply to a decision of the ART under section 185 of that Act (referring questions of law) in relation to proceedings for review of a reviewable migration decision or a reviewable protection decision.

(26) Schedule 2, item 247, page 84 (lines 23 and 24), omit the item, substitute:

247 Subsection 476A(1) (note)

Repeal the note, substitute:

Note: The Federal Court's jurisdiction referred to in paragraph (d) is limited: see section 474AA.

(27) Schedule 2, page 85 (after line 30), after item 253, insert:

253A Paragraph 494B(5)(d)

After "Minister", insert "by the recipient".

(28) Schedule 2, item 257, page 86 (lines 11 to 13), omit the item.

(29) Schedule 2, item 259, page 86 (lines 16 to 25), omit the item.

(30) Schedule 2, item 269, page 87 (after line 24), after subsection 500(6CA), insert:

(6CB) A failure to comply with subsection (6C) in relation to an application does not affect the validity of the application.

(31) Schedule 3, page 105 (after line 25), after item 52, insert:

52A After subsection 161(1A)

Insert:

Publishing reasons for ART decisions

(1B) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:

(a) a party to the review concerned (other than the Secretary or the Child Support Registrar); or

(b) a person (other than the Secretary or the Child Support Registrar) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or

(c) a witness in the review concerned.

(1C) Without limiting subsection (1B), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:

(a) the name, title, pseudonym or alias of the person; or

(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or

(c) the physical description or the style of dress of the person; or

(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or

(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or

(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or

(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;

and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.

(32) Schedule 3, page 118 (after line 23), after item 110, insert:

110A After subsection 126(1)

Insert:

Publishing reasons for ART decisions

(1A) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:

(a) a party to the review concerned (other than the Secretary); or

(b) a person (other than the Secretary) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or

(c) a witness in the review concerned.

(1B) Without limiting subsection (1A), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:

(a) the name, title, pseudonym or alias of the person; or

(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or

(c) the physical description or the style of dress of the person; or

(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or

(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or

(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or

(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;

and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.

No effect on operation of the Freedom of Information Act 1982

(33) Schedule 3, item 165, page 129 (starting at line 15) omit the item, substitute:

165 Section 147 (cell at table item 8, column headed "Provision of AAT Act")

Repeal the cell, substitute:

(34) Schedule 3, item 166, page 129 (starting at line 18), omit the item, substitute:

166 Section 147 (cell at table item 8, column headed "Application or modification of provision of AAT Act")

Repeal the cell, substitute:

(35) Schedule 3, page 135 (after line 4), after item 180, insert:

180A After subsection 201(1)

Insert:

Publishing reasons for ART decisions

(1A) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:

(a) a party to the review concerned (other than the Secretary); or

(b) a person (other than the Secretary) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or

(c) a witness in the review concerned.

(1B) Without limiting subsection (1B), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:

(a) the name, title, pseudonym or alias of the person; or

(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or

(c) the physical description or the style of dress of the person; or

(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or

(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or

(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or

(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;

and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.

(36) Schedule 3, page 141 (after line 26), after item 202, insert:

202A After section 315

Insert:

315A Hearing of certain ART reviews in private

(1) This section applies in relation to a proceeding for ART review if the ART is constituted for the purposes of the proceeding otherwise than by the guidance and appeals panel.

(2) The hearing of the proceeding must be in private.

(3) The ART may give directions, in writing or otherwise, as to the persons who may be present at the hearing of the proceeding.

(4) In giving directions, the ART must have regard to the wishes of the parties and the need to protect their privacy.

(5) Section 69 (hearings to be in public unless practice directions or ART order requires otherwise) of the ART Act does not apply in relation to the hearing of the proceeding.

(37) Schedule 3, Part 1, page 142 (after line 10), at the end of the Part, add:

207A Section 350

Before "Nothing in", insert "(1)".

207B At the end of section 350

Add:

Publishing reasons for ART decisions

(2) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:

(a) a party to the review concerned (other than the Secretary); or

(b) a person (other than the Secretary) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or

(c) a witness in the review concerned.

(3) Without limiting subsection (2), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:

(a) the name, title, pseudonym or alias of the person; or

(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or

(c) the physical description or the style of dress of the person; or

(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or

(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or

(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or

(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;

and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.

(38) Schedule 4, item 66, page 179 (line 19), after "proceeding", insert "or Tribunal case event".

(39) Schedule 4, item 66, page 179 (line 21), after "proceeding", insert "or Tribunal case event".

(40) Schedule 4, page 180 (after line 4), after item 67, insert:

67A Subsection 61A(2)

Omit "AAT", substitute "Tribunal".

(41) Schedule 15, item 5, page 240 (after line 2), after paragraph 354(1AA)(c), insert:

(ca) paragraph 61(1A)(b);

(42) Schedule 15, item 28, page 245 (line 3), omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2024".

(43) Schedule 15, item 28, page 245 (after line 15), after paragraph 176(1)(g), insert:

(ga) paragraph 61(1A)(b);

(44) Schedule 15, item 36, page 247 (line 6), omit "167", substitute "176".

(45) Schedule 16, item 26, page 268 (line 4), omit "new Act", substitute "new law".

(46) Schedule 16, heading to Part 7, page 269 (line 1), at the end of the heading, add "and Chief Executive Officer and Principal Registrar".

(47) Schedule 16, item 28, page 269 (lines 7 to 11), omit paragraph (b), substitute:

(b) holds office as the President of the ART for the remainder of the term for which the person was appointed as President of the AAT.

(48) Schedule 16, item 29, page 269 (lines 17 to 21), omit paragraph (b), substitute:

(b) holds office as a Judicial Deputy President for the remainder of the term for which the person was appointed as Deputy President of the AAT.

(49) Schedule 16, Part 7, page 273 (after line 17), at the end of the Part, add:

33A Appointments to commence at or shortly after the transition time

AAT President to be consulted on member appointments before transition time

(1) Subitems (2) and (3) apply to any appointment of a person made in the exercise before the transition time of a power conferred by section 206, 207 or 208 of the new Act.

(2) Paragraphs 206(2)(b), 207(2)(a) and 208(2)(a) of the new Act do not apply to the appointment of the person.

(3) Before the Minister makes a recommendation to the Governor-General to appoint the person, the Minister must seek, and take into account, the advice of the President of the AAT in relation to:

(a) whether the appointment would meet the operational needs of the Tribunal; and

(b) unless the appointment is as a Judicial Deputy President—the financial capacity of the Tribunal for the appointment; and

(c) the effect of the appointment on the relative numbers of Judicial Deputy Presidents, Non-Judicial Deputy Presidents, senior members and general members.

Members assessed before the transition time

(4) Paragraphs 207(2)(b) and 208(2)(b) of the new Act do not apply to the appointment of a person assessed as suitable for the appointment through a selection process that:

(a) is conducted in accordance with the Guidelines for appointments to the Administrative Appeals Tribunal; and

(b) commences on or after 1 July 2023.

Note: For appointment of non-judicial members, the Guidelines require public advertising of the position and an assessment, by a panel of persons, of candidates' suitability for the appointment against core selection criteria.

(5) Subitem (4) ceases to be in force 6 months after the transition time.

AAT President's agreement required for appointment of Chief Executive Officer and Principal Registrar before transition time

(6) Subitems (7) and (8) apply to any appointment of a person made in the exercise before the transition time of the power conferred by section 227 of the new Act.

(7) Paragraph 227(2)(c) of the new Act does not apply to the appointment of the person.

(8) Before the Minister makes a recommendation to the Governor-General to appoint the person, the Minister must obtain the agreement of the President of the AAT to the appointment.

Chief Executive Officer and Principal Registrar assessed before the transition time

(9) Paragraph 227(2)(b) of the new Act does not apply to the appointment of a person assessed, by a panel of persons, as suitable for the appointment through a selection process that:

(a) is merit-based; and

(b) includes public advertising of the position; and

(c) commences on or after 1 February 2024.

(10) Subitem (9) ceases to be in force 1 month after the transition time.

(50) Schedule 16, page 284 (after line 14), at the end of the Schedule, add:

Part 10 — Consultation before transition time

52 Consultation in relation to rules before the transition time

(1) This item applies to rules made in the exercise before the transition time of the power conferred by section 295 of the new Act.

(2) Subsection 295(6) of the new Act does not apply to the making of the rules.

(3) Before making rules that would affect the practice, procedure or operations of the Tribunal, the Minister must consult the President of the AAT.

The government is moving amendments to the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023. The amendments flow from the amendments that I moved earlier to the Administrative Review Tribunal Bill, which were accepted by the House, and that bill has now passed.

Specifically, these amendments support the reinstatement of a second review process as a right for parties to review social services decisions where the two-tier review currently exists before the AAT. They make the necessary consequential changes to social security laws. These amendments also make a range of technical changes to clarify and improve the operation of the Administrative Review Tribunal.

I'll leave it there, given that I outlined the substantive content of these amendments earlier in this debate.

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