Time solves all and in time the AAT and the HRC will be purged of Gillard's Lefty plants put there to cause as much trouble as possible for the new govt.Staffing glitch besets administrative tribunal mergersCHRIS MERRITT Legal Affairs Editor Sydney The Australian12:00AM January 22, 2016
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Hobart barrister Duncan Kerr, who has 18 months left in his five-year term as president of the Administrative Appeals Tribunal.
With 18 months left in his five-year term as president of the Administrative Appeals Tribunal, Duncan Kerr finds himself presiding over a plan that he says was just “a gleam in my eye” when he was first appointed.Justice Kerr, who is a former Labor minister for justice, has long supported amalgamation of the federal administrative tribunals and had raised the subject with Nicola Roxon when she was attorney-general in the Gillard government. “I didn’t get any great sense of enthusiasm,” Justice Kerr said. “The last attempt to do it had been so brutally contested the scars were still there.”
When the amalgamation finally took effect in July, it had bipartisan support and Justice Kerr said the current structure has none of the weaknesses of previous failed plans.
One of those weaknesses was the perception that previous schemes would have increased government influence over the tribunal.
Yet when the amalgamation took effect last year — merging the AAT with the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal to create a one-stop shop for review of commonwealth decisions — it was accompanied by what some viewed as a government “clean-out” of personnel.
Of 38 members of the MRT and RRT whose terms expired at the end of June, only seven were appointed to the newly created Migration and Refugee Division of the AAT.
Justice Kerr does not see this as a conspiracy but he is worried that personnel shortages will inevitably lead to delays and backlogs. “I think in public life, often when you look for conspiracies they are explained by more mundane considerations,” he said.
As president, he is bedding down an amalgamation plan that was first proposed in 1971 by a committee chaired by John Kerr — to whom he is not related. But things have not gone exactly as Justice Kerr had hoped.
“When the tribunals were brought together there was an expectation ... that the ministers responsible for the previous tribunals would have completed all appointments so we would get a full complement of people coming across,” he said.
“That did not happen. It was one of the things that was not finalised as I would have hoped. So we have had, I suppose you could put it as teething problems with our appointments, particularly in the migration and refugee space.”
The amalgamated AAT “came in about 15 (tribunal members) short,” he added.
“That still has to be resolved and that means that for the first time in a long time we are having more (matters) coming in than are going out, which is not sustainable in the long run.”
Justice Kerr said the government was aware of the problem and he believed there would be “a little blip, through nobody’s fault” and “the number of matters we will settle this year will not be as great as we would have wished”.
While the gaps at the AAT were likely to affect the flow of current cases, the backlog of asylum claims inherited by the Coalition government is being handled by the newly established Immigration Assessment Authority. This organisation is providing fast-track processing for the backlog of irregular maritime arrivals and, while legally distinct from the AAT, is also part of Justice Kerr’s responsibilities.
He said about 70-80 per cent of refugee claims that are rejected by the government are also rejected by the AAT and that meant it was in nobody’s interest for the tribunal’s processes to be delayed due to under-resourcing.[url][/url]
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