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Recent Reforms to the Administrative Appeals Tribunal: Enhancements and Changes

The Administrative Appeals Tribunal Amendment Act 2005 introduced significant reforms aimed at improving the functionality and efficiency of the Tribunal. Key changes include an expanded range of alternative dispute resolution (ADR) processes, a good faith requirement for parties, and a cooling-off period for agreements reached during ADR. The Act also enhances the powers of Tribunal members and Conference Registrars, allowing for broader decision-making capabilities and a more structured approach to case reviews. These reforms aim to streamline administrative justice and ensure fairer outcomes.

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Recent Reforms to the Administrative Appeals Tribunal: Enhancements and Changes

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  1. RECENT REFORMS TO THE ADMINISTRATIVE APPEALS TRIBUNALJustice Garry Downes AMPresidentAdministrative Appeals Tribunal

  2. Administrative Appeals Tribunal Amendment Act 2005 • Passed by the Parliament on 17 March 2005 • Assented to on 1 April 2005 • Commenced on 16 May 2005

  3. Administrative Appeals Tribunal Amendment Act 2005 • Expanded range of ADR processes available to the Tribunal • Good faith requirement on parties • Cooling-off period for agreements reached in the course of an ADR process ADR Processes

  4. Administrative Appeals Tribunal Amendment Act 2005 • Members able to exercise broader range of powers • Conference Registrars authorised to give directions Powers of Members and Conference Registrars

  5. Administrative Appeals Tribunal Amendment Act 2005 • Section 25(4A) empowers the Tribunal to limit the scope of the review by binding the questions of fact, the evidence and the issues that it considers. Scope of Decision under Review

  6. Administrative Appeals Tribunal Amendment Act 2005 • New requirement in s. 33(1AA) that the person who made the decision must use his or her best endeavours to assist the Tribunal to make its decision Responsibilities of Decision-Makers

  7. Administrative Appeals Tribunal Amendment Act 2005 • Multi-member panels comprised solely of Members now permitted • Revised powers to re-constitute the Tribunal in certain circumstances • Revised set of factors to which regard must be had when determining Tribunal constitution • Repeal of many special constitution provisions Revised Constitution Powers

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