In 2022, the Australia Institute published a detailed study that found appointments to the Administrative Appeals Tribunal (AAT) to have become increasingly politicised. The study made ten recommendations to restore accountability and integrity to the AAT appointments process, including a spill of all AAT positions (in other words, all members having to reapply for their positions under new independent processes).

The appointments process for the AAT’s replacement, the Administrative Review Tribunal (ART), is described in the Administrative Review Tribunal Bill 2023 (the ART Bill). The process requires merits-based appointments and public advertisements for positions.

However, the ART Bill does not go as far as it should to ensure that appointees are independent and impartial, or that the appointment process is at arms-length from the government of the day. Several key elements of the Australia Institute’s recommendations are missing from the ART Bill. The eight changes described in this submission are needed to restore trust in administrative review and ensure that appointments to the ART are both open and free from political influence.