Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

18    Administrative Appeals Tribunal

Senator Patrick, pursuant to notice of motion not objected to as a formal motion, moved general business notice of motion no. 83—That the Senate—

               (a)       acknowledges that:

                                     (i)       most citizens pay little attention to matters relating to the Administrative Appeals Tribunal (AAT) until they are confronted with an administrative decision they feel is incorrect,

                                    (ii)       the AAT permits citizens to address wrongs in administrative decision-making through a process which is fair, just, economical, informal and quick, and

                                  (iii)       citizens must hold trust and confidence in the decision-making of the AAT

               (b)       notes that:

                                     (i)       most appointments to the AAT are Federal Court judges or experienced legal practitioners, however paragraph 7(3)(b) of the Administrative Appeals Tribunal Act 1975 provides for appointment of senior members and members that, in the opinion of the Governor-General, have special knowledge or skills relevant to the duties of a senior member or member,

                                    (ii)       there have been forceful allegations made in the media that a number of appointments made under this provision have been political, for example the appointment of former politicians and political staffers, which undermines public trust and confidence in the AAT, and

                                  (iii)       the Honourable Mr Ian Callinan AC QC, former High Court judge, conducted a review into the AAT and stated the repeal of paragraph 7(3)(b) of the Act is desirable; and

                (c)       calls on the Federal Government to urgently introduce a bill into the Parliament to repeal paragraph 7(3)(b) of the Act.

Statements by leave : The Assistant Minister for Forestry and Fisheries (Senator Duniam) and Senator Gallagher, by leave, made statements relating to the motion.

Leave refused : Senator Patrick sought leave to make a statement relating to the motion. An objection was raised and leave was not granted.

Question put.

The Senate divided—

AYES, 12

Senators—

Di Natale

Hanson-Young

Patrick*

Steele-John

Faruqi

Lambie

Rice

Waters

Griff

McKim

Siewert

Whish-Wilson

 

 

NOES, 46

Senators—

Abetz

Davey

McAllister

Ryan

Antic

Duniam

McDonald

Scarr

Askew

Fawcett

McGrath

Sheldon

Ayres

Fierravanti-Wells

McMahon

Sinodinos

Bilyk

Gallacher

O’Neill

Smith, Dean

Bragg

Gallagher

O’Sullivan

Smith, Marielle

Brockman

Green

Paterson

Stoker

Cash

Hanson

Pratt

Urquhart*

Chandler

Hughes

Rennick

Van

Ciccone

Hume

Roberts

Walsh

Colbeck

Keneally

Ruston

Watt

Cormann

Kitching

 

* Tellers

Question negatived.