Australian Administrative Tribunals

Paper Summary:

The paper discusses the Australian Constitution's three branches: the legislative, the executive and the judicial. The paper explores the ambiguity between the powers of these branches and reveals which arm has the power to overrule the decision of another. The paper examines the proposal to amalgamate the current available administrative system into one 'super tribunal', the Administrative Review Tribunal.

From the Paper:

"The Administrative Appeals Tribunal (AAT) was established under the Administrative Appeals Tribunal Act 1975 (Cth). The AAT Act makes provisions for the administrative review of decision made in the exercise of powers that have been conferred by an Act of the Parliament of the Commonwealth."
"The AAT is an independent tribunal that has the power to review and decide administrative decisions made by the Commonwealth Government ministers and officials. Its system of review is based on merits; therefore the tribunal is not restricted to considerations which are relevant to judicial determinations. Based on the material before the Tribunal is able to decide if a decision made was the best possible decision in that particular case Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577."

Sample of Sources Used:

• Administrative Appeals Tribunal. Corporate Review, www.aat.gov.au
• Administrative Review Council, 'Better Decisions: review of Commonwealth Merits Review Tribunal', 1995. www.arc.law.gov.au, 17 September 2002
• Barry R (ed), The Law Handbook, 8th ed, Redfern Legal Centre Publishing, Sydney, 2002
• Douglas & Jones, Administrative Law, 4th ed, Federation Press, Sydney, 2002
• Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577

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