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Administrative Review Council publications

The following publications were released by the Administrative Review Council between 1978 and 2012.

Publications not held on this page (including annual reports, administrative law bulletins and letters of advice) are available from the National Library of Australia's Trove archive.

Best practice guides and other publications


The best practice guides and associated materials are still regarded as good policy. However, they have not been updated to reflect any changes in case law or relevant legislation.

What decisions should be subject to merit review? 1999

Guidelines
The best practice guides and associated materials published by the Administrative Review Council between 1978 and 2012, are still regarded as good policy. However, they have not been updated to reflect any changes in case law or relevant legislation.

Commentary on the Practical Guidelines

Guidelines
Administrative Review Council publication - a commentary on the Practical Guidelines for preparing statements of reasons.

Automated assistance in administrative decision-making

Consultation or review
Issues paper exploring recent trends in government administration implementing specialised computer programs, or expert systems, to assist decision makers in performing their responsibilities. 

Legal Training for Primary Decision Makers

Guidelines
The Curriculum Guideline sets out the core elements of law for use in the training of primary decision makers. Agencies will be able to develop training programs reflecting their own needs and circumstances.

Reports and guidance material 1978-2012

Report 50 - Federal Judicial Review in Australia 2012

Report
In September 2012, the final report into Australia's judicial review system was published. It makes a number of recommendations aimed at improving the accessibility and efficiency of federal judicial review.

Report 47 - The Scope of Judicial Review 2006

Guidelines
The purpose of the discussion paper is to explore the desirable balance between the right of an individual to test the legality of administrative action by way of judicial review and the need to ensure that as a result of the exercise of this right, the work of government is not unreasonably frustrated.

Report 42 - The contracting out of Government Services 1998

Report
The report contains recommendations relating to: the preparation of appropriate contracts; and, the application of both private and administrative law in situations where services are provided by private contractors.

Report 36 - Environmental Decisions and the Administrative Appeals Tribunal 1994

Report
The Council made nine recommendations for reform in the report. They were not as broad in scope as the preliminary views expressed in the discussion paper due to the views expressed during the consultation process, and the intervening reform of the Administrative Appeals Tribunal practices and procedures.

Report 35 - Rule-making by Commonwealth Agencies 1992

Report
The report contains 31 recommendations concerning procedures in respect of instruments that are of a legislative character. After substantial revisions, the Legislative Instruments Bill 2003 was passed on 2 December 2003.

Report 25 - Review of Migration Decisions 1985

Report
The Council considered that there was a need for a system of external review on the merits to be available in respect of many migration decisions. The Council also specified the classes of decisions that it considered should be subject to review, in accordance with the proposed two-tier structure of merits review.

Report 21 - The Structure and Form of Social Security Appeals 1984

Report
The report contains 20 recommendations for reform. The Council recommended the improvement of the existing two-tier structure of external review to consist of a single national Tribunal (rather than the existing Social Security Appeals Tribunals, with the Administrative Appeals Tribunal providing review at a second tier.

Report 17 - Review of Taxation Decisions by Boards of Review

Report
The Council's main recommendation was that the existing review jurisdiction of the Boards of Review should be vested in the Administrative Appeals Tribunal ('AAT'). The Taxation Boards of Review (Transfer of Jurisdiction) Act 1986 substantially implemented the recommendations made by the Council.

Report 14 - Land Use in the ACT

Report
The report contains 12 recommendations, however the report was not implemented before moves were made towards self-government for the ACT.

Report 13 - Commonwealth Employees' Compensation Tribunal

Report
The report discusses: primary decision-making by the Commissioner for Employees' Compensation; the current review process; incorporation of the Commonwealth Employees' Compensation Tribunal ('CECT') into the Administrative Appeals Tribunal ('AAT'); and, modifications to AAT procedures.

Report 11 - Student Assistance Review Tribunals

Report
The report contains nine recommendations. The Council did not recommend transfer of the Student Assistance Review Tribunal ('SART') jurisdiction to the Administrative Appeals Tribunal ('AAT') at that stage, but recommended changes to improve the SART's procedures.

Report 10 - Shipping Registration Bill

Report
The Council made eight recommendations, concerning: whether the appropriate body to hear appeals should be the Administrative Appeals Tribunal or the courts.

Report 8 - Social Security Appeals

Report
The Council concluded that, in principle, every decision that related to the making of a social security payment or assistance, should be subject to external review by an independent tribunal with adequate fact-finding powers and procedures, and with the authority to determine issues conclusively.

Report 6 - Entry to Cocos (Keeling) Islands and Christmas Island

Report
The Council made identical recommendations in respect of both the Cocos (Keeling) Islands and Christmas Island. It noted that permanent residents of Australia and Australian citizens were entitled, in some situations, to seek the protection, by an appeal to the Administrative Appeals Tribunal ('AAT'), against orders for their deportation from Australia under the Migration Act 1958.

Report 5 - Defence Force Ombudsman

Report
The Council considered whether it was appropriate for a separate Ombudsman to be established, if their procedures and powers were to be virtually the same as those of the Commonwealth Ombudsman.

Report 4 - Administrative Appeals Tribunal Act 1975 Amendments

Report
The Council's recommendations for: the extension of the power to grant stays of decisions; the time for furnishing reasons and documents; and, its recommendations on the constitution of the Council, were accepted and implemented in the Administrative Appeals Tribunal Amendment Act 1979.

Report 3 - Review of Import Control and Customs By-Law Decisions

Report
In its report, the Council recommended that jurisdiction be vested in the Administrative Appeals Tribunal ('AAT') to review; decisions allocating quotas, decisions refusing to accept an application for by-law entry of goods, and refusals of the Minister to refer a by-law question to the Industries Assistance Commission.

Report 2 - Repatriation Appeals

Report
In the report, the Council supported a link between the proposed Repatriation Review Tribunal and the Administrative Appeals Tribunal ('AAT'). It also supported many of the existing proposals for reference of matters from the specialist tribunal to the AAT.