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representatives vote 2024-05-28#1
Edited by
mackay staff
on
2024-09-08 18:07:03
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Title
Bills — Administrative Review Tribunal Bill 2024; Consideration of Senate Message- Administrative Review Tribunal Bill 2024 - Consideration of Senate Message - Systemic issues
Description
<p class="speaker">Mark Dreyfus</p><p>I move:</p>-
- The majority voted in favour of a [motion](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fsched%2Fr7117_sched_e3e12b03-2d23-4dac-8399-794369507971%22;rec=0) "That the amendment be agreed to." This means the amendment was successful and that it will now become part of the bill.
- ### Amendment text
- > *(1) Clause 84, page 69 (line 15), omit "the applicant".*
- >
- > *(2) Clause 84, page 69 (lines 16 to 22), omit paragraphs (1)(a) and (b), substitute:*
- >
- >> *(a) the applicant:*
- >>
- >>> *(i) dies; or*
- >>>
- >>> *(ii) becomes bankrupt; or*
- >>>
- >>> *(iii) is wound up or otherwise ceases to exist; or*
- >>>
- >>> *(iv) becomes subject to any form of liquidation or administration (however described); and*
- >>
- >> *(b) the Tribunal considers that the applicant cannot continue with the substantive application because of the event mentioned in paragraph (a).*
- >
- > *(3) Clause 84, page 69 (lines 23 to 25), omit subclause (2), substitute:*
- >
- >> *Another person may apply to continue with substantive application*
- >>
- >> *(2) The following persons may apply to the Tribunal to continue with the substantive application:*
- >>
- >>> *(a) a legal personal representative, executor, administrator, liquidator or trustee of the applicant for the substantive application;*
- >>>
- >>> *(b) a person whose interests are affected by the decision.*
- >
- > *(4) Clause 84, page 70 (lines 3 and 4), omit "the decision does not affect any person's interests other than the applicant", substitute "there is no person mentioned in subsection (2) who can continue with the substantive application".*
- >
- > *(5) Clause 84, page 70 (lines 7 and 8), omit "or (b) occurring in relation to the applicant for the substantive application".*
- >
- > *(6) Clause 264, page 220 (lines 6 to 20), omit subclauses (2) and (3), substitute:*
- >
- >> *(2) The report for a financial year must include:*
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- >>> *(a) a description of any systemic issues related to the making of reviewable decisions that the President has informed the Council of during that year; and*
- >>>
- >>> *(b) a description of any information given to the Council under section 294B during that year.*
- >>>
- >>> *Note 1: One of the President's functions is to inform relevant Ministers, relevant Commonwealth entities and the Council of any systemic issues related to the making of reviewable decisions that have been identified in the caseload of the Tribunal: see paragraph 193(i).*
- >>>
- >>> *Note 2: Section 294B requires Ministers and Commonwealth entities to inform the Council of action taken or proposed to be taken in relation to some systemic issues.*
- >>
- >> *(3) The report for a financial year may include a description of any actions taken by the Council during that year in response to a systemic issue related to the making of reviewable decisions.*
- >
- > *(7) Clause 273, page 230 (lines 7 to 9), omit "There are a number of situations where disclosure by entrusted persons is authorised.".*
- >
- > *(8) Clause 273, page 230 (line 23), after "this Act.", insert "There is also a requirement that Ministers and Commonwealth entities inform the Council of action taken or proposed to be taken in relation to some systemic issues.".*
- >
- > *(9) Clauses 276 and 277, page 232 (line 1) to page 233 (line 25), omit the clauses, substitute:*
- >
- >> *276 Application of confidentiality provisions in other Acts and instruments*
- >>
- >> *(1) If:*
- >>
- >>> *(a) a provision of an Act (other than this Act) or an instrument made under an Act prohibits the disclosure of information by persons who:*
- >>>
- >>>> *(i) are included in a particular class of persons; and*
- >>>>
- >>>> *(ii) obtain the information in the performance or exercise of functions or powers under the Act or instrument; and*
- >>>
- >>> *(b) an entrusted person obtains any such information in the performance or exercise of the entrusted person's functions or powers as an entrusted person;*
- >>>
- >>> *the provision applies to the entrusted person as if the entrusted person:*
- >>>
- >>>*(c) were included in the particular class of persons; and*
- >>>
- >>> *(d) obtained the information in the performance or exercise of functions or powers under the Act or instrument.*
- >>
- >> *(2) Paragraph (1)(a) applies whether the provision prohibits the disclosure of information absolutely, in certain circumstances only or subject to conditions.*
- >
- > *(10) Page 249 (after line 24), at the end of Division 5, add:*
- >
- >> *294B Minister and Commonwealth entities to inform Council of action on systemic issues*
- >>
- >> *Within 3 months after the President informs a Minister or Commonwealth entity in writing of a systemic issue related to the making of reviewable decisions that has been identified in the caseload of the Tribunal, the Minister or entity must inform the Council of the action the Minister or entity has taken or proposes to take in relation to the systemic issue.*
- >>
- >> *Note: For the President's functions in relation to systemic issues, see paragraph 193(i). For the Council's functions and reports in relation to systemic issues, see paragraph 249(1)(c) and section 264.*
<p class="italic">That the amendments be agreed to.</p><p>This bill will abolish the Administrative Appeals Tribunal and replace it with a new and much-improved administrative review tribunal. In doing so, this bill represents the most important reform of the federal system of administrative review in decades.</p><p>The Albanese government is committed to getting this right and has continued to listen and respond to stakeholder feedback throughout the parliamentary debate. Accordingly, this bill has been amended during Senate consideration to reinstate the current approach to secrecy and non-disclosure obligations under the AAT Act for tribunal members, the registrar, staff and contractors under the ART Bill; to require ministers and relevant Commonwealth entities to inform the Administrative Review Council of actions taken in relation to systemic issues in the making of reviewable decisions when notified by the tribunal president and to require the council to publish a description of such information in its annual report; and to clarify procedures that apply in proceedings in which the applicant dies, becomes bankrupt, is wound up or becomes subject to liquidation or administration. Stakeholders have repeatedly noted their support for the establishment of a new federal administrative review body that will promote greater integrity, accessibility, consistency, flexibility and transparency in our administrative law framework.</p><p>In spite of these additional improvements, there has been broad support for the bill as a whole. The legislation is supported by significant new investment consisting of an additional $206.5 million on top of the AAT's current appropriation to ensure the tribunal is set up for success. The significant investment outlined in the budget complements the government's previous commitments to support the reform. The complete funding commitment will support the tribunal to deliver the measures in the bill, update its ageing case management systems, increase accessibility and assist to resolve backlogs inherited from the previous government.</p><p>This legislation presents an opportunity to significantly improve Australia's administrative review system, a key pillar of our democracy. The passage of this bill will help restore trust and confidence in Australia's system of merits review.</p> <p class="speaker">Milton Dick</p><p>The question before the House is that the amendments be agreed to.</p> -
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