Tribunal Justice and Politics in Australia: The Rise and Fall of the Administrative Appeals Tribunal

Abstract

The Administrative Appeals Tribunal (AAT) was a key part of landmark reforms to administrative law in Australia. The AAT was designed to provide a streamlined form of tribunal review that was a quicker and simpler alternative to judicial review. The defining power of the AAT is its ability to conduct review on the merits, in which the tribunal can re-exercise the powers conferred upon a bureaucratic official and make what the AAT decides is the correct or preferable. An important practical element of merits review is that it allows administrative decisions to be reviewed and remade by an independent agency. That independence has come under challenge in recent years, through a series of institutional reforms. The most notable change has been the dramatic rise of appointments to the AAT of members with close political connections to the government of the day. In recent years, many people appointed to the AAT have been former members of parliament or have worked in the private offices of members of parliament, from the (then) governing conservative parties. The number and timing of these appointments have caused considerable public controversy. The AAT was so beleaguered by political appointees that it will be abolished. This article explains how institutional reforms made in the name of public sector efficiency laid the groundwork for the controversial appointments that followed. The article also argues that, while the perceived independence and suitability of members appointed to a tribunal are important, the standing of institutions such as the AAT depends on other institutional factors.

Keywords: tribunals, administrative justice, Australia, comparative law, politics and law

JEL Classification: K10, K19, K30, K39