Tribunal Justice and Politics in Australia: The Rise and Fall of the Administrative Appeals Tribunal

Abstract

The Administrative Appeals Tribunal (AAT) was a landmark reform designed to provide a streamlined form of tribunal review that was a quicker and simpler alternative to judicial review. The defining power of the AAT is its ability to conduct review on the merits by an independent agency. That independence has come under challenge through the dramatic rise of appointments to the AAT of members with close political connections to the government of the day. The number and timing of these appointments have caused considerable public controversy. The AAT was so beleaguered by political appointees that it will be abolished. This article explains how institutional reforms made in the name of public sector efficiency laid the groundwork for the controversial appointments that followed. The article also argues that, while independence and suitability of members are important, the standing of institutions such as the AAT depends on other institutional factors. Show more