A Detailed Analysis of the Australian Administrative Appeals Tribunal

This report provides a detailed analysis of the Australian Administrative Appeals Tribunal (AAT), examining its role in Australian governance. The report begins with an executive summary, followed by an introduction outlining the AAT's purpose and its function within the legal framework. It explores the nature of the AAT, its background, and the evolution of administrative tribunals in Australia. The report delves into the structure of the AAT, its jurisdiction, and the powers it holds in reviewing governmental decisions. It also discusses the responsibilities of the AAT, including its role in merits review, procedural fairness, and the protection of human rights. Furthermore, the report evaluates the effectiveness and achievements of the AAT, offering insights into its impact on administrative law and the delivery of justice in Australia. The report draws upon various sources, including legislation and legal analysis, to provide a comprehensive overview of the AAT's operations and its significance in the Australian legal system, and is intended to provide a high rated supervision efficiently despite the limitations of the Tribunal.

Running head- ADMINISTRATIVE APPEALS TRIBUNAL
Administrative Appeals Tribunal
Name of the Student
Name of the University
Author Note

1Administrative Appeals Tribunal
Executive Summary
This research study is based upon the administrative adjudications in Australia that
are mainly governed by the AAT. These tribunals have attained great legality as per the
recent legislation. The primary purpose of this research study is to provide an overview of the
AAT that is being functioned in Australian governance and an essential aspect in the delivery
of the judgment regarding the laws of the Commonwealth administrative powers. Further,
this paper analyses the statements and the assumptions as per McCabe’s and argue over the
fact that the situation is typically correct about the AAT present and the past scenario. This
research study also provides a high rated supervision efficiently despite the limitations of the
Tribunal.

2Administrative Appeals Tribunal
Table of Contents
Executive Summary.......................................................................................................1
Introduction....................................................................................................................3
Nature of AAT...............................................................................................................4
Background....................................................................................................................5
Structure of the Administrative Appeal Tribunal...........................................................6
Jurisdiction.....................................................................................................................7
Role and Responsibilities...............................................................................................8
Human Rights and Merits review..............................................................................8
Procedural Fairness....................................................................................................9
Effectiveness and Achievements....................................................................................9
Conclusion....................................................................................................................10

3Administrative Appeals Tribunal
Introduction
Since the creation of the Administrative Appeal Tribunal in 1975 following the ‘Kerr
Committee Report’, the Tribunal has performed this role to some extent; however, the notion
that the AAT provides higher-level guidance to the executive is based on some questionable
assumptions and will not be accurate in all instances. AAT pursuing a judicial model of
decision-making is that the circulated details of the AAT members can and do provide a
normative effect on government decision-makers, which is beneficial to the entire system of
Government. “This paper will explore those assumptions and discuss whether or not
McCabe’s position is mostly true of the AAT, whether now or in the Tribunal’s past. The first
paragraph will detail the nature of the AAT’s role as described by McCabe. Following this,
whether the AAT provides higher-level guidance effectively will be discussed as well as any
inadequacies or limitations of the AAT in Australian merits review. The possible counter-
arguments will then be assessed in the last paragraph. Administrative tribunals (AAT), are
referred as the juries that provide the distinct rights, in order to provide a proper
administrative structure of the justice tend to operate in by the customary courts along with
the wider scope for the public administration supporting the judicial administration.”
In present times Australia, the need for the development in the administrative
structure of the Government was required along with the emergence of the commonwealth
administrative Appeals Tribunal starting from the mid of 1970. From that time onward, it was
various prevalent states and the territories of Australia that resulted in the emergence of
VCAT in Victoria, SAT in Western parts of Australia ad ADT in New South Wales. These
tribunals were responsible for regulating the flow of justice in essential areas. New tribunals
comprise a vital part of society1. The concept of the Tribunals is not new as it emerged from
1 Tribunal, Administrative Appeals, and SA FORGIE. "Administrative Appeals Tribunal." (2015)

4Administrative Appeals Tribunal
the Roman era where the interaction was between the citizens and the magistrates.
Administrative tribunals deal with the administrative activities of Government, whereas the
civil tribunals are more focused on resolving the disputes of the private parties. The
Administrative Appeal tribunal or the Australian Tribunal is responsible for the conduction of
the independent review of the administrative decisions formulated by the Australian
Government. The principal aim of this research is to provide a detailed structure about the
functioning of the Administrative Appeal Tribunal and the roles and the efficiency of such
tribunals in the modern judicial system and the scope of this legal structure.
Nature of AAT
As per the analysis of McCabe, “the experience indicates the proper administrative
decision making that falls of the judicial shortage upon which the functioning of the AAT is
based. The further claim is upon the lack of judicial processes.” Sir Anthony Mason
commented that one noteworthy respect in which the AAT fell short of the legal model, was
that “it lacks the independence of the judicial process. The administrative decision-maker is,
and is thought to be, more susceptible to political, ministerial and bureaucratic influence than
is a judge”. It replicated an understanding of the invasion of organizational policymaking into
every single phase of the social order. It imitated a purpose that such widespread and
policymaking This Tribunal is of vital importance as the organizational evaluation
arrangement as inclusive and universal in parts of Australia. The existence of such Tribunal
has endorsed the perception of provided that for evaluation of organizational choices
generally. In practice, contemplation is given to organizational evaluation in association with
the newly introduced Commonwealth regulation. There are currently 400 Acts of the
Commonwealth Legislature that convene authority upon the Administrative Appeals
Tribunal.

5Administrative Appeals Tribunal
Background
The Administrative Appeal Tribunal was established in the year of 1975, and the
operations of the Tribunal commenced on July 1, 1976. On July 1, 2015, the Social security
appeal tribunal and the Migration Review Tribunal merged with the AAT. These operations
included the issues relating to the rights of the commonwealth employees, freedom of
information, taxation policies, immigration, fisheries, and numerous other areas. Various
other tribunals were recognized along with the introduction of the Administrative Appeals
tribunal, such as the Social Security Appeals Tribunal, Migration and Refugee Review
Tribunals, and the Veterans Review Board.2 The Commonwealth has also introduced various
other tribunals like the National Native Title Superannuation Complaints Tribunal and the
National Native Title Tribunal. Among them, the largest Tribunal is stated as the Victorian
Civil and Administrative Tribunal that has the power to solve the private disputes.
Commonwealth tribunals are mostly strict administrative tribunals, while state tribunals are
both organizational and civil3. The Administrative Appeal tribunal was further responsible for
the operation of the FOI, migration, security, general, business, veterans appeal, and NDIS
division.
Administrative tribunals succeeded more in the first part of the 20th century in Britain
as a substitute for rendering the public decision-making policies. However, the action of
tribunals headed to the formation of the Board on Administrative Tribunals and Enquiries,
also known as the franks Committee. As per the observation made by the committee, it was
2 Asimow and Michael. "Five models of administrative adjudication." (The American Journal of Comparative
Law 63.1 2015): 3-32.
3Sat.justice.wa.gov.au, Sat.Justice.Wa.Gov.Au (Webpage,2020https://www.sat.justice.wa.gov.au/_files/
JBspeechGeneralistAdministrativeTribunal.pdf)

6Administrative Appeals Tribunal
observed that the tribunals should appropriately be observed as part of the mechanism of
supervision. However, it prohibited an opinion that the administration must maintain a near
and ongoing concern for the tribunals. New reforms were presented by the 1958 Act that
comprised the requirement that no technical legislations cannot be formed without the
consultation of the Council present in the tribunals. Further, a right of appeal was provided by
the High Court following the requirement of the tribunals. Expressively, the 1958 Act gave a
legal power for the decision making power of the Tribunal, suggesting that they were
required on or before the delivery of the judgment.
Structure of the Administrative Appeal Tribunal
The Administrative Appeal Tribunal reviews the decision as per the provisions laid
down for the appointments. The composition of such Tribunal comprises of The President
and the other appointed officials such as the deputy Presidents, members and other senior
members the President of the Tribunal is responsible for the overall organizational structure
of the AAT with the support of other administration officials such as the registrar and the
judicial heads. The other members of the Tribunal are appointed following the Act of Public
service act, 1999, in order to carry out its functions. The President of the Tribunal is stated as
the Judge of the Federal court in Australia, and the other members are the judges in the
federal or the family courts of Australia4. Even though the President of AAT is the judges of
Federal court, yet they have the power to serve at AAT upon the nonjudicial capacity.
Members of the AAt come from various backgrounds with expertise in the field of law,
administration, science, commerce, banking, public administration, and military affairs. The
members are appointed by the Governor-General that maybe for part-time or full time. The
4 Fisher and Elizabeth. "Jurisdictional facts and hot facts: legal formalism, legal pluralism, and the nature of
Australian administrative law."( Melb. UL Rev. 38 2014): 968.

7Administrative Appeals Tribunal
appointments are made for a term of 7 years, where the members can be reappointed. The
members exceeding the experience of 5 years had the power to regulate the position upon
various other Acts such as the Telecommunication Act, 1979, Surveillance devices act, 2004,
and the criminal act of 1914.
“Jurisdiction”
The AAT has the discrete laws that enable the administrative bodies to formulate the
decisions in order to award authority to the AAT in order to review the judgment. The
Tribunal is not the court but is stated as an executive part of the legal branch of the
Administration. The procedure for Judicial review of managerial verdicts takes place in
federal courts. The powers of the administrative body are restricted to particular parts of the
administration where there is a requirement of the review to be done by the AAT. Other
powers of the Tribunal includes the power of various other boards that operate under it to
control the functions of the administration.5 In specific cases, the power of the Tribunal
becomes restricted as they cannot provide the judgment based on the constitutional validity of
the law or they have no power to analyze the constitutionality of the laid legislations, and in
turn, they can only see whether the act of the Government is following the law. The AAT's
analysis of control is based upon the merit where it studies whether, on the proofs presented
to the Tribunal, that there is proper compliance of law by the administration6. “Section 43(1)
of the Administrative Appeals Tribunal Act conditions that the AAT may use all the powers
and choices of the original decision-maker.
5 Groves and Matthew. "Modern Administrative Law in Australia." (2014).
6 Cserne, Peter and Miklos Koenczoel, “Rule Of Law And The Challenges To Jurisprudence” (Peter Lang
GmbH, Internationaler Verlag der Wissenschaften, 2014)

8Administrative Appeals Tribunal
Role and Responsibilities
The AAT is responsible for conducting self-regulating merits review of the
governmental judgments made under the provisions of the Commonwealth laws. The AAT’s
functions, procedures, and the powers are fixed out principally in Part 5 and part 7 of
the Migration Act 1958, and the jurisdiction to govern it is laid upon the Administrative
appeal tribunal. In maximum cases, the AAT can analyze the new information that was not
present in the old statutes7. The leading powers of the Tribunal are to confirm, differ, set
aside, or dispatch a decision of the administrative authorities or the Government.
Merits and Human Rights review
According to Articles 14(1) and 2(3) of the International human rights law, it
computes Australia’s responsibilities in order to defend, reverence, and achieve the right of a
just trial and the precise to a manageable and operational cure for violating the human rights.
“The power of a fair enquiry has been described by the “UN Human Rights Committee
(UNHRC)” as a key component of human rights guard serves as a procedural means to
defend the rule of law. The running of compensations to personages whose rights have been
violated is similarly vital, as an essential component of all “human rights in the ICCPR”. The
right to a fair hearing relates regardless of a State’s legal domestic and traditions law, but can
be realized in different ways8.” Likewise, States can select their technique of application of
Article 2(3) but needs to safeguard the pleasure of the power to provide an operational cure
by all entities under their domain or dominion. “The right to a fair enquiry and the right to an
7 Gageler and Stephen. "Whitmore and the Americans: Some American Influences on the Development of
Australian Administration Law." (UNSWLJ 38 2015): 1316.
8De Villiers and Bertus. "Accessibility to the Law-The Contribution of Super-Tribunals to Fairness and
Simplicity in the Australian Legal Landscape." (UW Austl. L. Rev. 39 2015): 239.

9Administrative Appeals Tribunal
operational remedy are connected and equally strengthening admittance to a fair hearing in an
managerial or jurisdictive forum enables the delivery of an actual remedy.”
Procedural Fairness
In the first tier, Commonwealth tribunals, like the “Social Security Appeals Tribunal”
and the “Veterans' Review Board”, with the other tribunals have the authority to provide the
judgment regarding the fair conduct by the Government. The worldwide aim of hearings is to
decide arguments fairly and quickly. The absenteeism of stiffness and the mechanical
necessities of the procedures of proof does not restore the due process or procedural fairness
of the legislation.9 Evidence is expected in a procedure that will not be acceptable in
agreement with the procedures of evidence. It provides a good chance of hearing in order to
provide the evidence by the opposite parties. Acting reasonably requires the opportunity to be
given equally to both parties in order to provide their statements. Nevertheless, when a more
significant convention is to establish fairness.
Effectiveness and Achievements
The AAT reviewed nearly 60,595 submissions and confirmed nearly 44,413 claims in
the year 2018–19. The maximum number of cases in a single year was three percent higher
than that was observed in the year 2017–1810. On June 30, 2019, there were approximately
69,488 claims on hand that was 30 percent extra than that of June 30, 2018. This increasing
amount of circumstances on hand is the consequence of noteworthy upsurges in our capacity
9 Bernard McCabe, 'Perspectives on Economy and Efficiency in Tribunal Decision-Making' (2016 85 AIAL
Forum) 40-53 at 48.
10Aat.gov.au, Aat.Gov.Au (Webpage,2020https://www.aat.gov.au/AAT/media/AAT/Files/Reports/AR201819/
AAT-2018-19-At-a-glance.pdf)

10Administrative Appeals Tribunal
over recent years, mostly in the Migration and Refugee Division. With the number of
memberships and supervision, the financial incomes available keep skipping with the level of
request for our services.
Conclusion
In conclusion, “the creation of the Administrative Appeal Tribunal in 1975 following
the Kerr Committee Report, the Tribunal has performed this role to some extent; however,
the notion that the AAT provides higher-level guidance to the executive is based on some
questionable assumptions and will not be true in all instances. AAT pursuing a judicial model
of decision-making is that the published details of the AAT members can and do provide a
normative effect on government decision-makers, which is beneficial to the entire system of
Government.” “This researches have focused upon those expectations and argued that the
position of the Tribunal has changed from the past decades. Hence it is observed that the
AAT delivers higher-level direction efficiently apart from the limitations and the restrictions
it possesses. The likely assessment is assessed in the research where the tribunals (AAT), are
mentioned as the adjudicators providing adequate rights in order to protect the administrative
structure. It further provides a broader scope for public administration.