The Australian Government has taken another significant step towards the creation of a new, fit-for-purpose federal administrative review body with the release of new regulations ensuring integrity in appointments to the Administrative Review Tribunal (ART).
The ART will commence operations on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT).
The Administrative Review Tribunal Regulations 2024 contain detailed requirements for the transparent and merit-based appointment of non-judicial members to the ART.
The Regulations set out comprehensive arrangements for the assessment process, including:
- requiring public advertising of roles;
- the selection criteria to be considered for each role;
- steps that an assessment panel must take before assessing an applicant as suitable for appointment (such as considering the person's application, conducting an interview, and seeking referee reports); and
- matters that must be included in an assessment panel's report.
The ART Regulations also contain robust safeguards to protect the integrity of the assessment process. These safeguards include:
- requiring that a list of panellists is published following the conclusion of an assessment process;
- explicitly stating that panel members are not subject to direction by the Minister;
- prohibiting a person who is employed under the Members of Parliament (Staff) Act 1984 from being nominated as a panellist; and
- a clear process for disclosing and managing conflicts of interest in assessment processes.
The ART Regulations reflect the Government's commitment to ensuring appointments to the ART are transparent and merit-based.
