Conclusions and Recommendations

Report on the Role and Function of the Administrative Review Council

Conclusions and Recommendations

Effectiveness of the ARC

The Committee found that it is difficult to identify objective criteria against which to assess the effectiveness of the Administrative Review Council.

Nonetheless, the evidence received by the Committee supports the view that the Administrative Review Council has been an effective body, providing useful and timely advice on administrative review matters.

The need for the ARC

The Committee concludes that there is a continuing need for the Commonwealth Government to receive advice and recommendations on administrative review and decision-making, and to promote a comprehensive, affordable and cost-effective administrative law system.

The Committee notes suggestions that the Administrative Review Council should be abolished and its functions transferred to the Attorney-General's Department or merged with those of the Australian Law Reform Commission.

Recommendation No. 1

The Committee recommends that the Administrative Review Council should remain as a separate and permanent body, provided that it is making a significant contribution towards an affordable and cost-effective system of administrative decision-making and review.

Performance indicators for the ARC

The Committee notes that it may be possible to improve the scope of the information provided by the ARC on its performance, in order to assist the community to assess the value of its work more precisely.

Recommendation No. 2

The Committee recommends that, in its annual reports, the Administrative Review Council consider providing performance measures of a quantitative and qualitative kind for the activities that it performs, and discussing past-year performance in terms of these measures.

In the Committee's view, this use of performance indicators will facilitate a better public appreciation of the performance of the Administrative Review Council.

Membership structure of the ARC

Recommendation No. 3

The Committee recommends that the qualifications required for membership of the Administrative Review Council be amended to enable the appointment of persons with direct knowledge and experience of the needs of groups or individuals significantly affected by government decisions.

Recommendation No. 4

The Committee recommends that in selecting persons for appointment, the Government should continue to have regard to the need for the Administrative Review Council's membership to contain a broad spectrum of qualifications and to represent a variety of interests.

Recommendation No. 5

However, the Committee recommends that the Act should not be amended to require the appointment of a person having any specific qualification or representing any specific interest.

The Committee considers that the Administrative Review Council may benefit in carrying out a particular project from expertise not available within its existing membership.

Recommendation No. 6

Accordingly the Committee recommends that the Administrative Appeals Tribunal Act 1975 be amended to enable persons to be appointed as Administrative Review Council members for the purpose of a particular project.

The Committee considers that such an amendment would remove the need for the President of the Australian Law Reform Commission to remain a permanent ex officio member of the Administrative Review Council.

Amending the functions of the ARC

The Committee considers that it is undesirable to place extensive reliance on the incidental power conferred by s. 51(2) of the Administrative Appeals Tribunal Act 1975.

Recommendation No. 7

Accordingly, the Committee recommends that s. 51(1) of the Administrative Appeals Tribunal Act 1975, which sets out the Administrative Review Council's functions, should be amended to reflect more clearly all the major activities that it currently performs, in particular to underpin its current focus on improving primary decision-making.

Recommendation No. 8

The Committee recommends that, if the proposed merger of the five main merits review tribunals goes ahead, the amendments to the Administrative Review Council's functions take into account the impact of the merger on them.

The Minister's power to refer matters and issue directions to the ARC

Recommendation No. 9

The Committee recommends that the Administrative Appeals Tribunal Act 1975 be amended to explicitly empower the Minister to issue directions to the Administrative Review Council and to refer matters to it for inquiry and report.

Recommendation No. 10

The Committee further recommends that the Administrative Appeals Tribunal Act 1975 be amended to provide that Administrative Review Council project reports are to be delivered to the Minister and tabled by the Minister in the Parliament.

Government responses to ARC reports

Recommendation No. 11

The Committee recommends that the Government give an undertaking to respond to all Administrative Review Council project reports within twelve months of their delivery.