Analysis of the Advantages and Disadvantages of the AAT System

This report provides a comprehensive analysis of the Administrative Appeals Tribunal (AAT) in Australia. It explores the advantages, such as its informal and faster processes, cost-effectiveness compared to courts, and specialized expertise. The report also examines the disadvantages, including potential lack of legal expertise, concerns about independence, and the non-binding nature of decisions. Furthermore, it delves into the AAT's role in resolving disputes, its relationship with the legal system, and its impact on judicial processes. The analysis is supported by relevant legislation and scholarly articles, offering a balanced perspective on the AAT's strengths and weaknesses within the Australian legal framework.

Administrative Appeals Tribunal
Administrative Appeals Tribunal (AAT) is a committee that performs independent
values review of administrative resolutions made by the government.1 The decisions of the
Administrative Appeals Tribunal gets reviewed by the Federal Circuit Court and the Federal
Court, however, it does not fall under the Australian court pecking order. This tribunal
comprises of the Federal Judges, distinguished layers referred as the deputy Presidents,
experienced lawyers, and members.
Advantages of AAT System
The main reason for the existence of tribunals is to simplify the judicial processes by
making informal, faster, less costly, and accessible. Some of the advantages of
Administrative Appeals Tribunal is that: It is informal, meaning that it does not require legal representative as stated under
Section 33(1) (b) of the AAT Act.
 Its processes are simple; hence, making it easier for the courts to review.
 It is faster in disposing cases.
 It is less costly compared to court adjudication due to short proceedings
 It assists in solving disputes related to consumers and tenancy.
 It is based on the knowledge of the special expertise unlike the normal court judges
that requires legal expertise.
Additionally, AAT system does not need to demonstrate that the decision that was
initially made was wrong. The decision made should be based on the previous judgement,
which is in contrary to the judicial review. It allows new arguments and evidence to be
presented by the concerned parties. Moreover, it enables putting into effect the powers and
good judgment are bestowed by any appropriate ratification on the individual who made the
1 Look At The Australian Administrative Appeals Tribunal" (2010) 28(2) Windsor Yearbook of Access to
Justice

decision as stated under Section 43(1) of the Act.2 The AAT proceedings also are short and
well-organized unlike the burdensome character of the judicial proceedings. Further, it
prevents the cumbersome character of the section 72 of the Act. On the other hand, it permits
the judge to continue working until the age of 70 years. Lastly, it provides an extensive
jurisdiction and is also equipped to undertake wide range of problems.3
Disadvantages of the AAT
As much as good the AAT may be, it also carries various disadvantages. For example,
it lacks the legal expertise, and because they are selected from various careers, they might
lack the required legal proficiency. Besides, its members are prevented from enjoying the
security of tenure that is provided under s 72 and lacks independence.4 It is because if any of
the executive members dislikes the decision made by members, he or she will never be
reappointed. Additionally, the changes of the procedures that are allowed by the Act can
diminish fairness. Moreover, the decisions made are not binding, therefore, cannot be relied
on. Further, AAT violates the principle separation of powers as well as the rule of law.5
Lastly, it lacks component that relates it to the constitution of the Australian that can assist in
unravelling the system.
2 Asimow, Michael and Jeffrey S. Lubbers, "The Merits Of “Merits” Review: A Comparative
Legislation And Jurisdiction | Administrative Appeals Tribunal (2017) Aat.gov.au
http://www.aat.gov.au/resources/legislation-and-jurisdiction
3 Thomas, Robert and Joe Tomlinson, "Current Issues in Administrative Justice: Examining Administrative
Review, Better Initial Decisions, and Tribunal Reform" [2016] SSRN Electronic Journal
4 Peiris, G. L., "The Administrative Appeals Tribunal of Australia: The First Decade" (1986) 6(3) Legal Studies
5 Thomas, Robert and Joe Tomlinson, "Current Issues in Administrative Justice: Examining Administrative
Review, Better Initial Decisions, and Tribunal Reform" [2016] SSRN Electronic Journal

Bibliography
A Articles
Administrative Appeals Tribunal Act 1975 (2017) Legislation.gov.au
https://www.legislation.gov.au/Details/C2017C00107
Asimow, Michael and Jeffrey S. Lubbers, "The Merits Of “Merits” Review: A Comparative
Legislation And Jurisdiction | Administrative Appeals Tribunal (2017) Aat.gov.au
http://www.aat.gov.au/resources/legislation-and-jurisdiction
Look At The Australian Administrative Appeals Tribunal" (2010) 28(2) Windsor Yearbook of
Access to Justice
Peiris, G. L., "The Administrative Appeals Tribunal of Australia: The First Decade" (1986)
6(3) Legal Studies
Thomas, Robert and Joe Tomlinson, "Current Issues in Administrative Justice: Examining
Administrative Review, Better Initial Decisions, and Tribunal Reform" [2016] SSRN
Electronic Journal
B Legislations
Administrative Appeals Tribunal Act 1975