Administrative Appeals Tribunal became so bloated by Abbott-Turnbull-Morrison Government appointees that Liberal Party cronyism began to eat away at its reputation. It is to be abolished and a new tribunal created in 2023

ABC News, 16 December 2022:

One of the most notoriously politicised bodies, the Administrative Appeals Tribunal, will be abolished after the attorney-general declared its reputation had been irreversibly damaged.

Attorney-General Mark Dreyfus said the former government made dozens of politicised appointments to the AAT in its time in office, and that he would end the "cronyism".

"By appointing 85 former Liberal MPs, failed Liberal candidates, former Liberal staffers and other close Liberal associates, without any merit-based selection process … the former government fatally compromised the AAT," Mr Dreyfus said.

"Australians rightly expect honesty, integrity and accountability in government."

A new review body will be established in the new year, and already-appointed tribunal members will be invited to continue with it.

For almost 50 years the AAT was tasked with reviewing the decisions of government, including on matters of taxation, immigration and social security.

Appointments to the AAT were made by the government of the day for terms of up to seven years, though members could be re-appointed.

Mr Dreyfus said the new body would have a merit-based process for appointing tribunal members, after he accused the former government of sometimes appointing members to review issues such as taxation despite having no expertise in the area.

"The AAT's dysfunction has had a very real cost to the tens of thousands of people who rely on the AAT each year to independently review government decisions that have major and sometimes life-changing impacts on their lives," Mr Dreyfus said.

"Decisions such as whether an older Australian receives an age pension, whether a veteran is compensated for a service injury or whether a participant in the NDIS receives funding for an essential report."….

Accusations of politicised appointments have been levelled at former governments of all stripes, though progressive think tank The Australia Institute found a significant rise in what it deemed political appointments after the Coalition won office in 2013.

The think tank found around 5 per cent of AAT appointments under the Howard, Rudd and Gillard governments had been made to people with political connections, but that jumped to more than one-third of appointments under the Morrison government.

It also found a quarter of senior AAT members who were political appointments had no legal qualifications.

Plum jobs that paid as much as $500,000 were sometimes offered to people in the dying days of government before a federal election.

Former NSW state Liberal minister Pru Goward, former WA Liberal minister Michael Mischin, and Mr Morrison's former chief of staff Anne Duffield were among those appointed to the AAT in the final days of the Morrison government.

The AAT had also faced several accusations of bullying by its members since 2016.

Bill Browne, The Australia Institute's democracy and accountability director, said reform was urgently needed.

"Whatever body replaces the AAT must be robust and independent, and that means the AAT’s replacement must be carefully designed with an open and transparent appointment process that ensures only qualified, independent members are appointed," Mr Browne said.

Australian Lawyers Alliance spokesman Greg Barns SC welcomed the AAT's abolition.

"Mr Dreyfus has the chance to create a new, impartial and fully independent tribunal that deals with thousands of cases each year involving Centrelink issues, tax issues and military compensation, to name some of the areas," he said.

"Today is a win for the rule of law."

Justice Susan Kenney has been appointed as the acting president of the AAT to guide its transition to the new system.

Mr Dreyfus said the new review body would be given 75 additional staff to help clear backlogs, at a cost of $63.4 million.

He said legislation to establish the body would be introduced next year, though likely not until the second half of the year.

BACKGROUND

ABC News, 7 November 2022:

Administrative Appeals Tribunal reveals 17 members have faced bullying or harassment complaints since 2016

Seventeen current members of the Administrative Appeals Tribunal (AAT) have had more than one bullying, harassment or discrimination complaint made against them since 2016.

Allegations have been made against 19 members in total, with two members no longer working with the AAT.

They include senior officials and a deputy president, with the head of the tribunal unaware until Monday that they were still serving despite the multiple complaints.

The Klaxon, 3 September 2022:

AAT member paid for two gov’t jobs – for over five years

The top public official responsible for penalising medical practitioners who rip-off Medicare was paid for two Federal Government jobs for her entire five-and-a-half-year tenure.

The Klaxon can exclusively reveal Professor Julie Quinlivan, the long-time head of the Federal Government’s Professional Services Review agency, was also paid as a member of the Administrative Appeals Tribunal.

Quinlivan has been employed as a “part-time member” of the Federal Government’s Administrative Appeals Tribunal (AAT) – in a position paying tens of thousands of dollars a year – since July 2015.

She was also employed as the full-time “director” of the Professional Services Review (PSR) agency from February 2017 until six weeks ago, when she quietly departed, seven months before her contract was due to expire.

The director of the PSR is responsible for reviewing allegations of “inappropriate practice” against Medicare by medical practitioners – including double-billing – and is paid almost $400,000 a year.

The payments to Quinlivan while she held both the AAT and PSR positions totalled over $2 million.

ABC NEWS, 14 April 2022; 

Government unnecessarily extends jobs ahead of election

Plum jobs worth up to $500,000 a year were extended to Liberal Party-linked individuals by the Morrison government in the lead-up to the election, and many were not due to end for another two years. Some had their tenure extended by Morrison & Co to 2027.

The Sydney Morning Herald, 1 February 2019:

Morrison government moves to re-appoint Abbott-era AAT members

The Morrison government is moving to re-appoint dozens of Abbott-era Administrative Appeals Tribunal members despite their terms coming to an end six weeks after a May federal election.

Crikey, 27 November 2019:

AAT accused of ‘intimidating’ robo-debt victims out of appealing

In the last financial year, the Administrative Appeals Tribunal contacted almost 800 people who wanted to appeal their Centrelink debt. Around half of those contacted withdrew their appeal, a figure that has alarmed experts.

Crikey, 25 September 2019:

Members of the Administrative Appeals Tribunal are steadily losing their jobs and being replaced with people less qualified.

Terry Carney lost his job as a member of the Administrative Appeals Tribunal (AAT) via a short, blunt email. It arrived five months after he delivered a tribunal decision which declared Centrelink’s robo-debt scheme to be illegal — a finding that angered the federal government.