Towards a progressive future : the advent of the Administrative Review Tribunal and its transformative impact on administrative law

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Abstract

This article scrutinises the substantial reformation in Australian administrative justice following the projected establishment of the Administrative Review Tribunal (ART), supplanting the Administrative Appeals Tribunal (AAT). It critically assesses two principal recommendations for the ART: the establishment of fundamental statutory objectives and a discourse against the obligation for applicants to substantiate their grounds prior to accessing the ART's jurisdiction. The article foregrounds the imperative of deriving insights from the AAT's jurisprudence and legislative intent to shape the ART's objectives. It engages with the complexities of harmonising principles of fairness, justice, economy, informality, and expediency in tribunal processes. The article posits that the Administrative Review Tribunal Bill 2023 (Cth) (ART Bill) marks a notable progression in administrative law, focusing on fairness, justice, efficiency, and responsiveness. It recognises the challenges inherent in implementing these goals, especially in maintaining a balance between efficiency and thoroughness and in ensuring widespread accessibility and public trust.
Original languageEnglish
Pages (from-to)234-248
Number of pages15
JournalAustralian Journal of Administrative Law
Volume30
Publication statusPublished - 2023

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