Labor Sticks Boot Into the Administrative Appeals Tribunal

Labor Sticks Boot Into the Administrative Appeals Tribunal
Australian Attorney-General Mark Dreyfus at the National Press Club in Canberra, Australia, on Oct. 12, 2022. (AAP Image/Mick Tsikas)
Rocco Loiacono
12/17/2022
Updated:
12/17/2022
0:00
Commentary

Australia’s federal Attorney-General Mark Dreyfus announced on Dec. 16 that the Administrative Appeals Tribunal (AAT) would be replaced by a new body.

The AAT was established under the Fraser Coalition government in 1976 to review government administrative decisions. Thus, it is an important judicial organ in terms of government accountability.

It has jurisdiction to make decisions on a wide range of matters, from refugee applications to review of taxation assessments.

In announcing its abolition, Dreyfus trotted out the usual criticism that the AAT had been “stacked” with people with connections to the former Coalition government.

“The AAT’s public standing has been irreversibly damaged as a result of the actions of the former government over nine years,” Dreyfus said.

The body had been “fatally compromised” by the Coalition, he added, affecting its independence and the quality of its decision making, he added.

Ramping up the hyperbole, Dreyfus went on, “This was a disgraceful exhibition of cronyism by the Liberal Party.”

Former Australian Prime Minister Scott Morrison speaks to the media during a press conference in Sydney, Australia, on Feb. 23, 2022. (Steven Saphore/AFP via Getty Images)
Former Australian Prime Minister Scott Morrison speaks to the media during a press conference in Sydney, Australia, on Feb. 23, 2022. (Steven Saphore/AFP via Getty Images)

He said a task force led by former High Court Justice Patrick Keane would consult on the design of the new body and legislation would be introduced next year.

In the meantime, Dreyfus announced that 75 additional members would be appointed to deal with the AAT’s “shocking backlog.”

Normally, in such a situation, a government announces a review to find out why there is such a backlog and seeks recommendations as to where improvements should be made.

But this government decides what it is going to do and then appoints a “review” to undertake the implementation.

All About Politics

Dreyfus said the government wanted to ensure appointments were merit-based and appropriately qualified. This, along with his accusations of the AAT being “stacked” are disingenuous.

While it is true that the Morrison government made a large number of the appointments to the AAT, name me a government that does not try and politicise bodies such as the AAT.

One need only look at Dreyfus’ home state of Victoria, where Labor governments there over the last 20 years have filled the police and judiciary with those who will do their bidding.

Proof of this was seen in the operation by Victoria Police to get Cardinal George Pell committed to trial on a charge of child sexual assault when the evidence clearly demonstrated it was impossible that any such offence could have occurred in the alleged circumstances, and the majority decision to uphold his conviction in the Court of Appeal, thus effectively reversing the onus of proof.

Thankfully, Cardinal Pell’s conviction was overturned by the nation’s peak judicial body, the High Court, 7-0 in April 2020.

Therefore, no-one should be surprised if the new body set up in the AAT’s place is stacked with the Australian Labor Party’s (ALP) own people.

What is more, if the AAT is so stacked against the Albanese government, Dreyfus may well be worried that the AAT remain one institution which preventing the government from having free rein and actually holding it to account.

What was all that in the election campaign from the ALP about transparency and integrity? Of course, the abolition of the AAT was not made public as ALP policy before the election.

The Albanese government has also made haste settling political scores since its election. The “Robodebt” Royal Commission is one example of this, ensuring former Prime Minister Scott Morrison was hauled before it to be subjected to a kind of show trial.

As many readers of The Epoch Times would be aware, I’m no fan of Scott Morrison’s policies, far from it.

However, there was no need for the Robodebt Royal Commission. There was a court case that found money under the scheme had been incorrectly deducted. The former government admitted it was wrong and refunded monies. Move on.

The abolition of the AAT is emblematic of the “take no prisoners and stick the boot in” approach of the Left.

The Left makes no bones about what it wants to do. And when in government, it does its level best to make sure nothing will stand in its way of doing so.

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times.
Rocco Loiacono is a legal academic from Perth, Australia, and is a translator from Italian to English. His work on translation, linguistics, and law have been widely published in peer-reviewed journals.
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