Members of the soon-to-be-abolished Administrative Appeals Tribunal (AAT) will need to reapply for their positions.

Attorney General Mark Dreyfus is preparing to initiate the recruitment process for the freshly established Administrative Review Tribunal (ART), saying he will run a transparent and merit-based selection process for all prospective members.

Last December, the Albanese government moved to disband the AAT, citing irreparable damage due to partisan appointments. 

It was alleged that the Coalition had appointed 85 AAT members from their former MPs, unsuccessful candidates, staffers, and close associates. 

The AAT's responsibilities encompass reviewing government decisions, including those involving Centrelink, welfare, the National Disability Insurance Scheme (NDIS), and migration. Senior members of the AAT currently earn over $400,000.

According to reports, taxpayers could face up to $10 million in compensation costs depending on how many current members reapply and are subsequently appointed to the new ART.

“This is an opportunity for appropriately qualified individuals to make a significant contribution to the most important reform of the federal system of administrative review in decades,” Dreyfus says. 

“Current and former members of the AAT who are interested in serving on the new tribunal are welcome to apply.”

The government plans to introduce legislation this year for the new tribunal to commence operations in 2024.

It has pledged to establish clearer roles for leadership positions and define precise qualification requirements and role descriptions for each of the four membership levels.

An example of the need for change came in April 2022, when then-Attorney General Michaelia Cash appointed Fiona Meagher as a judge of the Federal Court and president of the AAT. Meagher resigned from the AAT in December. 

The attorney general's department, in response to Senate estimates, disclosed that it did not advertise or conduct a selection process for the role and had no knowledge of how Meagher was chosen, with Cash citing her qualifications as the basis for the appointment.

In July 2019, a scathing review of the AAT by former High Court Justice Ian Callinan recommended that only qualified lawyers be appointed to the tribunal. Callinan's report also criticised requests from members for the tribunal's library to review or provide advice on draft decisions.

In the final round of appointments preceding the May 2022 election, the Coalition appointed former New South Wales minister Pru Goward and Anne Duffield, a former chief of staff to Scott Morrison, as senior members of the AAT.

In May 2022, AAT member Michael Manetta claimed he was sidelined from hearing social security cases because he ruled against the government too often and identified systemic errors in departmental welfare calculations. 

Manetta argued that this decision was inconsistent with the rule of law and undermined the tribunal's impartiality and independence. AAT Deputy President Karen Synon denied any impropriety.

The new ART is expected to implement clear mechanisms to identify, escalate, and report on systemic issues in administrative decision-making, as outlined by the government.