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28-447: Public support in the AAT declined in the years before its abolition, with self-represented participants rating the independence of the AAT in a user survey at 3.5 out of a maximum of 5. This was much lower than the ratings given by legal practitioners (4.4/5) and government agencies (4.8/5). Former President, Justice Gary Downes , suggested that the results indicated "individual applicants see

56-695: A decision if the individual statute empowering the Australian Government agency allows for an application to be referred to a review tribunal, of which the ART estimates there to be more than 400 statutes that do so. The Tribunal is not a court. The High Court has long held that the Australian Constitution , mandates a separation of powers between the executive, legislative and judicial branches of government. Judicial review of administrative decisions takes place in courts, such as

84-666: A delegate of the Minister for Immigration and Citizenship under the Migration Act 1958 may have been subject to merits review in the AAT. The right of review was provided for in the Migration Act itself. The Tribunal was not a court. The High Court long held that the Australian Constitution , mandates a separation of powers between the executive, legislative and judicial branches of government. Judicial review of administrative decisions takes place in courts, such as

112-518: A result of the actions of the former government over the last nine years." Claims made by Mark Dreyfus in support of abolishing the AAT included that former Liberal MPs , candidates, staffers and associates had been appointed to the AAT without any merit-based selection process. The ART was established by the Administrative Review Tribunal Act 2024 and commenced operations on 14 October 2024. The intention of creating

140-761: The Administrative Appeals Tribunal . Downes attended Newington College (1956-1960) and graduated from the University of Sydney Law School in 1967. His first job was as associate to then Chief Justice of Australia, Sir Garfield Barwick . Downes was called to the Australian Bar in 1970 and appointed Queen's Counsel in 1983. He was also a member of the English Bar . His practice was concentrated on commercial law, administrative law, and international arbitration. Downes

168-610: The Cronulla-Sutherland Sharks . In the 1997 Australia Day Honours Downes became a Member of the Order of Australia (AM) "In recognition of service to the law as a barrister, educator and Executive Officer of many legal organisations, including President of the International Association of Lawyers ". Administrative Appeals Tribunal The Administrative Appeals Tribunal ( AAT )

196-665: The Federal Court and the Federal Circuit Court . The AAT was part of the executive branch of government. The AAT had jurisdiction to review a number of decisions made under Commonwealth legislation, including in the areas of taxation, immigration, social security, industrial law, corporations and bankruptcy. These decisions may have been made by officials including government ministers, departments, public servants with delegated authority and statutory government bodies. The authority to review administrative decisions

224-524: The Federal Court and the Federal Circuit Court . The ART remains part of the executive branch of government. In addition to new powers, the ART also retains the same powers and procedures that the AAT held. The ART consists of the President and the other members who may be appointed as: The President is responsible for the overall management of the Tribunal with the assistance of Division Heads and

252-487: The Governor-General on a full-time or part-time basis. Appointments could be made for a term of up to seven years. Members could be reappointed. Members of the Tribunal who were legally qualified and had 5 years' standing, where authorised to do so, could exercise powers under a number of other Acts. This included the power to issue telecommunications interception warrants and stored communications warrants under

280-544: The Migration Review Tribunal , Refugee Review Tribunal and Social Security Appeals Tribunal were amalgamated with the AAT. The AAT managed their workload in the following divisions: The AAT did not have a general jurisdiction to review administrative decisions. Rather the individual statutes that empowered agencies or ministers to make decisions also granted jurisdiction to the AAT to review those decisions. For example, certain decisions made by

308-560: The Public Governance, Performance and Accountability Act 2013 (Cth) and agency head for the purposes of the Public Service Act 1999 (Cth). The President of the ART must be a judge of the Federal Court of Australia . The ART's other members may be: Garry Downes Garry Keith Downes AM KC (born 7 January 1944) is a former judge of the Federal Court of Australia and former President of

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336-759: The Telecommunications (Interception and Access) Act 1979 , issue warrants and exercise related powers under the Surveillance Devices Act 2004 and review certificates that authorised controlled operations under the Crimes Act 1914. Presidential Members and Senior Members who are legally qualified and had 5 years' standing, could be appointed as approved examiners under the Proceeds of Crime Act 2002 The President and Deputy Presidents could be appointed as issuing authorities in relation to

364-539: The AAT to carry out its functions. The President of the AAT was required to register as a judge of the Federal Court of Australia . The AAT's other members could be: Prior to the position of President being vacant, Justice Berna Collier was acting in that role following the resignation of Justice Fiona Meagher (who previously served as Deputy President and head of the National Disability Insurance Scheme Division). Although

392-494: The AAT was not restricted to the material before the original decision maker in making its decision if new information had arisen after the original decision was made. Section 43(1) of the Administrative Appeals Tribunal Act stated that the AAT could exercise all the powers and discretions of the original decision maker. It could 'stand in the shoes of the original decision maker' and reconsider

420-586: The ART was to do so in response to recommendations by the Senate Legal and Constitutional Affairs Committee report on the performance and integrity of the administrative review system, published in March 2022. The report recommended the abolition of the AAT and the establishment of a new body, with a transparent, merit-based appointment process. The ART manages their workload by reference to jurisdictional areas, currently being: The ART has jurisdiction to review

448-713: The Administrative Appeals Tribunal. In December 2022, Attorney-General Mark Dreyfus announced that the AAT would be abolished and replaced with a new body. The new body was named the Administrative Review Tribunal. On 14 October 2024 the AAT was abolished and replaced with the Administrative Review Tribunal . The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976. On 1 July 2015,

476-962: The Council of the Australian Institute of Judicial Administration (AIJA). In November 2007 he assumed, with Chief Justice Michael Black of the Federal Court, co-presidency of the International Association of Supreme Administrative Jurisdictions (IASAJ). On 15 May 2012, Downes retired from the Bench. In February 2014, Downes was retained by the Australian Sports Anti-Doping Authority (ASADA) to review its investigation into supplements use at Australian Football League (AFL) club Essendon and National Rugby League (NRL) club

504-686: The International Court of Arbitration of the International Chamber of Commerce, Member of the Council of the NSW Bar Association and Chairman of the NSW Council of Law Reporting. Downes was appointed judge of the Federal Court of Australia and President of the Administrative Appeals Tribunal in 2002. He is the immediate past Chair of the Council of Australasian Tribunals (COAT) and a past member of

532-414: The President of the AAT was required to be a judge of the Federal Court, they served on the AAT in a personal, not judicial, capacity. Members of the Tribunal came from a range of backgrounds and included persons with expertise in accountancy, aviation, engineering, environmental science, law, medicine, pharmacology, military affairs, public administration, and taxation. Members of the AAT were appointed by

560-525: The Registrar. Staff are employed under the Public Service Act 1999 (Cth) to assist the ART to carry out its functions. A Chief Executive Officer and Principal Registrar is a statutory officer appointed by the governor-general. The current chief executive officer and Principle Registrar is Michael Hawkins . The Chief Executive Officer and Principle Registrar is the accountable authority under

588-464: The Tribunal as a continuum in the decision making process and not necessarily as an independent body". Prior to its abolition on 14 October 2024, 70 of the 320 (22%) AAT members had a direct political connection to the government that appointed them, and were, on average, appointed for longer terms than members without political affiliations. In comparison, across all other Australian Government public appointees, only 7% had direct political connections to

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616-482: The constitutional validity of particular laws or the legality of government decision-making, but only whether decisions made by government officials were made in accordance with the relevant statutory requirements. The AAT's review of government decisions was merit based: it considered whether, on the facts presented to the Tribunal, the correct or preferable decision was made in respect of the applicable law(s) and government procedures. Hearings were conducted de novo and

644-468: The decision using whatever information is brought before it or available to it. The Administrative Appeals Tribunal (AAT) consisted of the President and the other members who could be appointed as: The President was responsible for the overall management of the Tribunal with the assistance of Division Heads and the Registrar. Staff were employed under the Public Service Act 1999 to assist

672-529: The government that appointed them. In March 2022, the Senate Legal and Constitutional Affairs Committee reported on the performance and integrity of the administrative review system in Australia. The report found that the AAT: On 16 December 2022, Attorney-General Mark Dreyfus announced that the Australian Government would abolish the AAT, and that "the AAT's public standing has been irreversibly damaged as

700-770: Was Chairman of the Federal Litigation Section of the Law Council of Australia and Chairman of its Administrative Law Committee. He has served international and national organisations in various capacities, including as President of the Union Internationale des Avocats , Founder and Patron of the Anglo-Australasian Lawyers' Society, Chairman of the Chartered Institute of Arbitrators Australia, Member of

728-484: Was an Australian tribunal that conducted independent merits review of administrative decisions made under Commonwealth laws of the Australian Government . The AAT reviewed decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also reviewed decisions made under Norfolk Island laws. It

756-502: Was limited to specific areas of government administration where an Act, regulation or other legislative instrument provided for a review by the AAT. The Tribunal had no power to enquire into government decisions generally. More than 400 federal Acts provided for review by the AAT. The Tribunal also had powers to review the decisions of some other Australian tribunals, such as the Veterans' Review Board . The Tribunal had no power to consider

784-586: Was not a court and not part of the Australian court hierarchy ; however, its decisions were subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia . The AAT was established by the Administrative Appeals Tribunal Act 1975 and started operation in 1976. On 1 July 2015, the Migration Review Tribunal , Refugee Review Tribunal and Social Security Appeals Tribunal became divisions of

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