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.

From Sept 2013 to March 2022 the Abbott-Turnbull-Morrison Coalition Government's Political Appointments to Federal Government Agencies were as High as 1 in 3

 

“Make no mistake, a returned Morrison Government will take victory as an endorsement of every corrupt and corrupting thing they have done, and they will double down.” [Writer, academic, author Tim Dunlop, “Death of a Salesman?” , 19 May 2022]

The Australia Institute, media release, 16 May 2022:

A new report from the Australia Institute’s Democracy & Accountability Program represents the largest and most comprehensive domestic study of the practice of cronyism in relation to appointments to a government agency ever conducted in Australia.

This detailed deep dive report has investigated every single appointment made to the Administrative Appeals Tribunal (AAT) since 1996 – almost 1,000 appointments in total, and reveals that the proportion of political appointments to the AAT has skyrocketed from ~5-6% under the Howard, Rudd and Gillard Governments, to almost one in three appointments (32%) across the Abbott/Turnbull/Morrison Governments, and two in every five appointments (40%) under the current government alone.

Key Findings:

• The research analyses every single appointment (974 appointments in total) to the Administrative Appeals Tribunal and its precursors between 1996 and 2022.

• The share of political appointments to the AAT has skyrocketed from 6% under the Howard Government and 5% under the Rudd/Gillard Government to 32% under the Abbott/Turnbull/Morrison term of government.

• Under John Howard political appointments were 6 in 100, current Government 2 in 5.

• Under the current Government, the share of political appointments has surged from 23% in 2013–2016 to 40% in 2019–2022.

• AAT Senior Members who are political appointments are much more likely to have no legal qualifications than Senior Members who are non-political appointments (26% vs 1%).

• Political appointees were more likely to be appointed on a full-time basis (47% of political appointees) than non-political appointees (22%).

• Most political appointees had served the party or parties that appointed them.

• 10% of political appointees had education levels below the level of a bachelor’s degree, compared with 2% of non-political appointees.

• Since 2016, the current Coalition Government has appointed seven Senior Members without legal qualifications, and all were political appointments.

• Of the 61 Senior Members appointed by the Coalition Government since 2013, 22 were political appointees.

• The report makes 10 recommendations for improving the AAT selection process.

“Across almost 1,000 appointments to the AAT since 1996, a worrying pattern emerges: appointments have become increasingly political under the current government,” said Ben Oquist, executive director of the Australia Institute.

“When John Howard was Prime Minister, only 6% of appointments to the AAT were political, but in the most recent term of the current Government 40% of appointments were political.

“These political appointments are much more likely to have no legal qualifications than non-political appointments, even though AAT decisions must consider facts, laws, and policy.

“The AAT is responsible for reviewing life-changing decisions by the federal government including deportations, migration visas, NDIS payments, welfare payments, workers’ compensation, and veterans’ entitlements.

“Members of the public should be able to trust that their case will be heard by a tribunal member who is qualified and not appointed for political reasons.

“A complete overhaul is needed to ensure that the AAT selection process is open and transparent, and not subject to political manipulation. This is now not only important for the AAT but is essential to fix integrity, accountability in government and protect democracy itself.”

Lead author of the report, Deb Wilkinson is an expert in the study of cronyism and is completing her doctorate at the Australian National University.

RELATED RESEARCH

Cronyism in appointments to the AAT

FULL REPORT

Besides political appointments, there are other ways of perverting the function of government agencies and influencing decisions/outcomes.

This was Morrison & Co's response to the Australian National Audit Office fulfilling its legislated brief.

ABC News, 19 February 2021:

The Australian National Audit Office (ANAO) runs the rule over the operations of government department and agencies, checking whether taxpayer funds are being used appropriately.

The profile of the agency has risen considerably in the last year after it uncovered the so-called "sports rorts" saga in early 2020 — revealing the Coalition disproportionately awarded community grants to sports clubs in marginal Liberal and National seats ahead of the 2019 election.

The ANAO also uncovered flaws with the purchase of a plot of land at the site of the new Western Sydney airport, called the "Leppington Triangle".

The Commonwealth paid close to $30 million for a 12-hectare parcel worth just $3 million, with Auditor-General Grant Hehir ultimately referring the land deal to the Australian Federal Police for investigation.….

The October 2020 budget showed a cut of $14 million to the ANAO's yearly funding, something the Auditor-General described as "uncomfortable".

Appearing before a parliamentary committee on Friday, Mr Hehir said his team would have to cut the number of major performance audits it undertook each year to deal with those constraints.

"Historically, for the last two decades, the ANAO has provided the Parliament with an average of 47 performance audit reports per year," he said in his opening statement…...

Liberal Party women are beginning to openly speak truth to power

 

IMAGE: NSW Liberal Party

Catherine Cusack (left) is a member of the NSW Legislative Council, hailing from the Northern Rivers region. She has been a member of the NSW Parliament since 2003,was the first female NSW Young Liberal President in 1985-1986 and sat on the Liberal Party Executive 2000-2003.

Here she speaks about behaviours displayed by men within her own party - cronyism, rampant self-interest, alcohol abuse, election campaign dirty tricks, pushing female politicians in front of the cameras when questions get awkward, male colleagues expecting support from women for their flagrant abuse of power.

The Guardian, 25 March 2021:

I joined the Young Liberals in 1982 when things were definitely on the up for women. It was an exciting time – a youthful Nick Greiner was state leader, Rosemary Foot his deputy. I found an amazing peer group that was not bored to tears by my interest in politics. I met my future husband there – we are both former YL state presidents. When our sons, now aged in their 20s, joined, we were jokingly accused of trying to establish a monarchy inside the YLs. The Liberal party has been my life.

I entered the New South Wales parliament in 2003. John Howard as prime minister openly celebrated his female MPs, whom he frequently credited with saving his government. In 2004 Chris McDiven became our first female federal president – but sadly the storm clouds had already gathered. This momentum for women came to a crashing halt with the brutal factional wars that transformed the culture and behaviour of the party, harmed our reputation and triggered an exodus of ordinary members.

Howard had tried unsuccessfully at the 2003 Adelaide federal convention to warn of the dangerous path we were on. “I think factionalism is weakening and eroding the strength of this party and the respect of this party in the Australian community,” he said.

As he feared, his message fell on deaf ears. The Howard government’s 2007 campaign was derailed when high-ranking Liberal volunteers were arrested in the dead of night letterboxing a fake Labor campaign brochure. The destructive factional wars and resultant toxic behaviours had gone too far – a halt was called to the infighting and a small group of factional leaders agreed to share power. And so began the Liberal boys’ club that has been calling the shots ever since.

“We have some young men on big salaries, doing aggressive factional work … they are intoxicated with power as well as alcohol”

The factional system relies on compliance and patronage, so straight away the idea of merit-based selection went out the window. This doesn’t just affect women – it affects everyone. Even Mike Baird needed a special deal to secure Liberal selection for the 2007 election in Manly. Favours given and favours repaid is how this works.

In other states, this model was nicknamed “the NSW disease”. Unfortunately, it spread. It has escalated.

An MP might be asked to allocate a staff position to a factional operative and in exchange his/her preselection is assured. Step away from the factions and they might all combine to unseat you. In this way, the factional model is part taxpayer-funded.

So now we have some young men on big salaries, doing aggressive factional work out of some ministerial and MP offices. And they are intoxicated with power as well as alcohol. Their bosses need to bear much of the blame. They legitimise and tolerate behaviours that serve their own self-interests in terms of getting and retaining power.

There are many reasons why women across Australia so triggered and upset by what’s going on in Canberra. Personal experience, solidarity with the victims – but most of all it has been the sense of powerlessness they feel when the issues are seemingly dismissed. It has happened over and over again and this time they are telling us: “Enough!”

Maybe there are bubbles inside the Canberra bubble? I don’t know – I am just convinced the PM needs to seek out and listen to his female MPs, who have their own stories to tell.

An alleged rape has occurred inside the citadel of Australian democracy.

Our prime minister needs to be told why people are so angry. And it’s up to his female MPs to take it to him direct.

It’s not really a choice any more. For years there has been a ludicrous expectation by Liberal leaders that we female MPs can be wheeled out to defend these disgusting behaviours. When the power to fix the problem lies with them – not with us.

It has reached the point where our personal integrity is being publicly pitted against our loyalty – it’s upsetting and embarrassing and, frankly, they should not be asking that of us.

Tell him.

Step up, be hopeful and make the case for change. Most importantly, back one another. The moment has chosen us.

Tell him.

And conservative women in the media have begun to join in....

IMAGE: The Sydney Morning Herald

Niki Savva is a journalist who has worked in the media for around thirty years. Her mid-career employment outside of journalism was as a press secretary to then Australian Treasurer and Liberal MP for Higgins Peter Costello for six years, before becoming a policy adviser to Australian Prime Minister and Liberal MP for Bennelong John Howard for four years. She is now employed by News Corp.

The Australian, 24 March 2021:

There were a few things Scott Morrison got right with his mea culpa press conference on Tuesday. The first was that he had it. It was at least a sign that the Prime Minister finally realised just how much trouble he was in.

He has floundered for five weeks. Revelations by Peter van Onselen of yet another scandal close to home spurred him to front the media to talk about floods, then apres that deluge he tried to construct a shelter from the other deluge threatening to drown him.

He tried everything. He was repentant, he sought forgiveness, he admitted he made mistakes, he promised to make amends without saying exactly how, he allowed his emotions to overflow as he expressed his love for his family and his faith.

Morrison was tearful in front of the media, then choked up again as he walked into his party meeting, before he even spoke, although that might have had more to do with the way his press conference ended, with yet another disaster, than how it began.

He had to take a moment to compose himself before urging his female MPs to be trailblazers like Dame Enid Lyons, the first woman elected to the House of Representatives.

Liberal women have suffered by allowing themselves to be chained to the talking points, to become the new Stepford Wives of politics, often forced to defend the indefensible. Now at least they are free to talk about quotas.

That is useful, although quality of the candidates as well as the capacity of the leader to consult, listen and act matters more. Also, hearing women of influence bemoan the toxic culture they helped perpetuate by bullying other women is sickening. But that’s a column for another day.

One of the many problems faced by Morrison during this rolling crisis is that the case against him and the failure of government to protect women has been prosecuted largely by women. The government’s senior women, compromised or timid or too ambitious to even think about breaking out, have held back.

The defence, such as it is, has been mounted largely by men, mainly the Prime Minister, although one of the best suggestions came from Russell Broadbent for a national gathering of women, which Morrison says is already in train, which came as a surprise to people.

Strong, articulate women, such as Grace Tame, followed by Brittany Higgins, began the essential difficult work of demolishing structures that have protected predators. Their cause was relentlessly, devastatingly pursued by Labor frontbenchers Tanya Plibersek, Kristina Keneally, Penny Wong and Catherine King, the Greens’ Sarah Hanson-Young, crossbenchers Zali Steggall and Helen Haines, and a slew of opposition backbenchers. It’s a bomb squad planting devices, detonating or defusing them.

And Morrison and his government have been spectacularly, conspicuously, inept in their responses. Unfortunately, the reset the Prime Minister had embarked on literally ended in tears.

In portent and content it was biblical, full of thunderbolts and lightning, following a sadly familiar pattern. So much about it was wrong. It was too late coming. Too much of it was about him. Too much of it didn’t stack up. There were too many deflections, too many straw men and women, and it climaxed with vengeful threats of retribution after he was challenged by a journalist.

Morrison was not criticised (Twitter aside), as he sought to imply, for discussing the rape allegations made by Higgins with his wife, Jenny, or for talking about his daughters. He was criticised because he had failed to grasp the gravity of the situation himself. His wife had to explain it to him, and even after that he lapsed again, like in his scripted speech effectively telling March 4 Justice protesters they were lucky they were “not met with bullets”. He sort of apologised for that by saying he hadn’t meant to offend.

Careful attention needs to be paid to every event and every word because of the slippery, tricky words or technicalities used by others and by him to extricate or protect him or change the conversation. They go like this: don’t ask, don’t tell; don’t show and don’t tell; if you don’t know, you can’t be blamed; even if you do know, it doesn’t mean you have to accept responsibility; keep denying, even if you have misled parliament, because eventually the story will move on.

It has been a wretched and shameful period for the government. So many important matters surfaced that the Prime Minister claimed not to know or hadn’t made it his business to find out, compounded by the other thing he purported to know that never happened…..

Read the full article here.