Identification and reporting on significant AAT decisions is governed by Services Australia and the Department of Social Services Standing Operational Statement. The Statement requires Services Australia to notify DSS of significant AAT decisions and provide monthly reporting of active matters.
DSS and Services Australia will consider the impact of the establishment of the new federal administrative review body on its processes for identifying significant matters and will further adjust any processes as required.
The federal administrative review body which replaces the AAT should devise a system for publication on a readily accessible platform of first instance social security decisions which involve significant conclusions of law or have implications for social security policy.
The Government accepts this recommendation.
On 29 September 2023, the Government announced that by the end of the year it will introduce legislation to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new body, the Administrative Review Tribunal (ART).
The Government is developing legislation to repeal the Administrative Appeals Tribunal Act 1975 (Cth) and to establish the ART.
The legislation is being informed by public consultation with a wide range of stakeholders including the Expert Advisory Group on the administrative review reforms, representatives of the legal, disability, veterans, social security, migration and refugee sectors, and users of the current AAT.
The Government's proposed legislation to establish the new administrative review body will provide for decisions of the new administrative review body to be published, and will require the publication of decisions that involve a significant conclusion of law or have significant implications for Commonwealth policy or administration. Decisions could also be de-identified before being published if non-disclosure requirements and privacy considerations apply in a particular matter.
Re-instate the Administrative Review Council or a body with similar membership and similar functions, with consideration given to a particular role in review of Commonwealth administrative decision-making processes.
The Government accepts this recommendation.
As noted in the response to recommendation 20.4, on 29 September 2023, the Government announced that by the end of the year it will introduce legislation to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new body, the Administrative Review Tribunal
