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1st Supplementary Submission - Administrative Review Tribunal Bill 2023 (Provisions) and related bills

On 3 May 2024, the Law Council of Australia appeared at the public hearing to assist the Senate Legal and Constitutional Affairs Legislation Committee with its inquiry into the Administrative Review Tribunal Bill 2023 (Cth) (the ART Bill) and related bills.

During the Law Council’s appearance, Senator Scarr and Senator Ghosh referred to the Law Council’s submission to the House of Representatives Standing Committee on Social Policy and Legal Affairs regarding migration and refugee matters,1 particularly our argument that:

… the justification for retaining a codified natural justice hearing rule in key areas is insufficient, and that it can be overly complex for the end user of the Tribunal to understand. That is, it is unclear why the Commonwealth would wish to deviate from the common law on natural justice.2

Noting the above remarks, Senator Ghosh asked the Law Council to outline the ways that the Code of Procedure for migration and refugee matters in the Administrative Appeals Tribunal (AAT), set out under the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), differ from common law principles. Our witnesses explained that the Code encourages a focus on compliance with rigid provisions, while the common law allows nuance when addressing the particular case before the AAT.

Read full submission below.


1 Law Council of Australia, Administrative Review Tribunal Bills 2023 (Submission to the House of Representatives Standing Committee on Social Policy and Legal Affairs, 2 February 2024) <https://lawcouncil.au/resources/submissions/administrative-review-tribunal-bills-2023> 52-60.
2 Ibid 54 [223].

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