Statutes Amendment (Administrative Review Tribunal) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 31 October 2024.)

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (16:45): I rise to speak on the Statutes Amendment (Administrative Review Tribunal) Bill 2024. I indicate that I am the lead speaker for the opposition and that the opposition supports this bill.

The bill would make small technical amendments to a number of acts, the result of the commonwealth government replacing the Administrative Appeals Tribunal with the Administrative Review Tribunal. The bill substitutes references in the South Australian acts to the 'Administrative Appeals Tribunal' with 'Administrative Review Tribunal'. Additionally, references to the Administrative Appeals Tribunal Act 1975 have been substituted with equivalent provisions in the Administrative Review Tribunal Act 2024.

Before I finish this extremely short contribution, I would like to add that it does seem odd that the federal government is focusing on name changes for tribunals rather than the myriad issues that Australians are currently facing. I think that does raise some questions about its priorities. I do not think that any more time should be wasted, so I indicate the opposition's support for the amendment bill and indicate that we will not have any further contributions during the committee stage.

The ACTING PRESIDENT (The Hon. I.K. Hunter): All contributions made by the Leader of the Opposition are important.

The Hon. J.S. LEE (16:47): I rise to make a brief contribution to indicate that I will be supporting the Statutes Amendment (Administrative Review Tribunal) Bill 2024. In May 2024, the commonwealth government passed legislation to establish a new Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal and re-established the Administrative Review Council. The new Administrative Review Tribunal has the same jurisdiction as the Administrative Appeals Tribunal. It is the federal tribunal responsible for conducting independent merit reviews of administrative decisions made under a wide variety of commonwealth laws. The tribunal plays an important role in helping improve the quality of decisions made by the federal government.

This bill amends several South Australian acts to replace any reference to the former Administrative Appeals Tribunal with reference to the Administrative Review Tribunal, which commenced operation on 14 October 2024. With those brief remarks, I support the bill.

The Hon. T.T. NGO (16:48): I rise to speak on the government's Statutes Amendment (Administrative Review Tribunal) Bill 2024. Since 1976, the Administrative Appeals Tribunal has conducted independent reviews of administrative decisions made under a wide range of commonwealth laws. It has offered individuals and businesses the opportunity to challenge decisions that affect them, such as social security, visas, taxation and workers compensation issues.

The new Administrative Review Tribunal (ART) commenced operation on 14 October 2024, replacing the former Administrative Appeals Tribunal. The ART will continue to operate in a way that is accessible and less formal than our courts, making it easier for the general public to seek justice. When people can choose to represent themselves or have legal assistance without going to court it reassures the general public that they have an accessible pathway to challenge what they consider to be unfair decisions.

A member of my staff told me how she assisted a constituent to access the former Administrative Appeals Tribunal when working in a federal office. It is a story that clearly highlights what I have just said about the role of the newly named Administrative Review Tribunal. This constituent had her application to access the disability pension denied, as she did not reach the specified benchmark number that is used to identify whether a person is permanently disabled to the extent of being unable to work.

She also was denied access to benefiting from her state government super fund because of the Centrelink decision regarding the rejection of her application for disability pension. This person, who was in her late 50s, was accompanied to the then Administrative Appeals Tribunal by a federal electorate officer who spoke on her behalf. It resulted in the Centrelink decision being overturned, and she was accepted onto the disability pension, and the issue with her superannuation payout was also sorted.

That was an example with the previous panel. The tribunal enabled this woman to challenge what was for her an unjust decision. While the new ART inherits the core functions of reviewing administrative decisions from the Administrative Appeals Tribunal, it also introduces reforms to enhance transparency and efficiency and adopt updated systems in order to streamline operations.

As a result of the change, a review of South Australian legislation has been conducted. This has identified a number of consequential amendments to South Australian acts that are required in order to reflect the establishment of the ART. Consequently, this bill amends several South Australian acts to ensure all references to the Administrative Appeals Tribunal are changed to be references to the Administrative Review Tribunal. I commend this bill to the chamber.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (16:53): I thank honourable members for their contribution on what is a relatively uncontroversial and simple bill. I look forward to the committee stage.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (16:55): I move:

That this bill be now read a third time.

Bill read a third time and passed.