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| Administrative Review Council | |
|---|---|
| Name | Administrative Review Council |
| Formed | 1975 |
| Jurisdiction | Australia |
| Headquarters | Canberra |
| Parent agency | Attorney-General's Department |
Administrative Review Council
The Administrative Review Council was an Australian advisory body established to improve administrative law and administrative review processes. It provided recommendations to the Attorney-General of Australia, coordinated with tribunals such as the Administrative Appeals Tribunal and courts including the High Court of Australia, and advised on legislation like the Judicial Review Act and provisions of the Administrative Decisions (Judicial Review) Act 1977. The council’s work influenced inquiries connected to the Royal Commission into Aboriginal Deaths in Custody and reviews touching on agencies such as the Department of Immigration and Multicultural Affairs and the Australian Taxation Office.
Originating in the 1970s as part of reform momentum during the tenure of the Whitlam ministry and continuing through the Hawke Ministry, the council formed amid wider debates sparked by reports from bodies such as the Commonwealth Administrative Review Committee and the Royal Commission into New South Wales Prisons. Its establishment followed proposals referencing practices in the United Kingdom and comparisons with the Administrative Appeals Chamber models from jurisdictions like Canada and the United States. Over subsequent decades the council published discussion papers and reports that intersected with reforms promoted by the Australian Law Reform Commission and responses to judgments from the Federal Court of Australia and the Full Court of the Federal Court of Australia.
The council’s remit covered advisory reviews of administrative decision-making, producing reports on merits review, procedural fairness, and tribunal practice. It examined standards arising under statutes such as the Freedom of Information Act 1982 and the Migration Act 1958, proposed model procedures for decision-makers, and recommended harmonization consistent with cases from the High Court of Australia and principles elaborated in opinions by justices of the High Court of Australia like Sir Anthony Mason. The council worked alongside institutions including the Administrative Appeals Tribunal and the Australian Human Rights Commission to develop best-practice guidelines for merits review and procedural safeguards.
Membership comprised legal academics, former judges, senior officials, and practitioners drawn from tribunals and agencies. Appointments were made by the Attorney-General of Australia and included representatives with backgrounds in institutions such as the Federal Court of Australia, Australian National University, University of Sydney, and the Law Council of Australia. Ex officio participants often represented the Department of the Prime Minister and Cabinet and the Attorney-General's Department. Chairs and council members were frequently public figures who had served on inquiries or commissions like the Royal Commission into Institutional Responses to Child Sexual Abuse or held roles in bodies such as the Commonwealth Ombudsman.
The council operated primarily through working groups, consultations, and public submissions, publishing reports and advisory opinions. Standard procedure involved commissioning research, consulting stakeholders including tribunal presidents from the Administrative Appeals Tribunal and judicial officers from the Family Court of Australia, and issuing consultation papers that referenced statutory regimes like the Evidence Act 1995 (Cth). Recommendations were presented to the Attorney-General of Australia and sometimes informed legislative amendments debated in the Parliament of Australia. The council’s approach emphasized comparative analysis, drawing on jurisprudence from the Privy Council, decisions from the United Kingdom Supreme Court, and administrative law scholarship from institutions such as the Australian Bar Association.
Through reports and model rules, the council shaped discourse on merits review, judicial review, and procedural fairness, influencing reforms implemented by the Administrative Appeals Tribunal and echoed in judgments of the High Court of Australia and the Federal Court of Australia. Its proposals contributed to legislative amendments touching the Administrative Decisions (Judicial Review) Act 1977 and informed practices under the Freedom of Information Act 1982. The council’s work also guided tribunal procedure reforms that affected decision-making in agencies including the Department of Human Services and the Department of Defence, and informed training resources produced by universities such as the University of Melbourne Law School.
Critics argued the council lacked enforceable powers and relied on persuasive influence rather than statutory authority, prompting calls for structural change from commentators associated with the Australian Law Journal and the Griffith Review. Some stakeholders contended its recommendations favored tribunal-centralized models over ministerial discretion, provoking debate in the Parliament of Australia and among advocacy groups like Liberty Victoria and the Australian Council of Social Service. Proposals for reform included enhancing statutory footing, integrating review mechanisms within bodies such as the Office of the Commonwealth Ombudsman, or consolidating advisory functions into entities like the Australian Law Reform Commission. Subsequent reform cycles revisited these ideas amid broader administrative law debates reflected in reports by the Commonwealth Ombudsman and policy statements from successive Attorney-General of Australias.
Category:Law of Australia Category:Administrative law bodies