L3001 Laws

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L3001 Laws

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L3001 Laws

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Course Code: L3001
University: Monash University

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Country: Malaysia

Question:
Discuss about the Administrative Appeals Tribunal.
 
 
Answer:

Administrative Appeals Tribunal
Administrative Appeals Tribunal (AAT) is a committee that performs independent values review of administrative resolutions made by the government.[1] The decisions of the Administrative Appeals Tribunal gets reviewed by the Federal Circuit Court and the Federal Court, however, it does not fall under the Australian court pecking order. This tribunal comprises of the Federal Judges, distinguished layers referred as the deputy Presidents, experienced lawyers, and members.
Advantages of AAT System
The main reason for the existence of tribunals is to simplify the judicial processes by making informal, faster, less costly, and accessible. Some of the advantages of Administrative Appeals Tribunal is that:

It is informal, meaning that it does not require legal representative as stated under Section 33(1) (b) of the AAT Act.
Its processes are simple; hence, making it easier for the courts to review.
It is faster in disposing cases.
It is less costly compared to court adjudication due to short proceedings
It assists in solving disputes related to consumers and tenancy.
It is based on the knowledge of the special expertise unlike the normal court judges that requires legal expertise.

Additionally, AAT system does not need to demonstrate that the decision that was initially made was wrong. The decision made should be based on the previous judgement, which is in contrary to the judicial review. It allows new arguments and evidence to be presented by the concerned parties. Moreover, it enables putting into effect the powers and good judgment are bestowed by any appropriate ratification on the individual who made the decision as stated under Section 43(1) of the Act.[2] The AAT proceedings also are short and well-organized unlike the burdensome character of the judicial proceedings. Further, it prevents the cumbersome character of the section 72 of the Act. On the other hand, it permits the judge to continue working until the age of 70 years. Lastly, it provides an extensive jurisdiction and is also equipped to undertake wide range of problems.[3]
Disadvantages of the AAT
As much as good the AAT may be, it also carries various disadvantages. For example, it lacks the legal expertise, and because they are selected from various careers, they might lack the required legal proficiency. Besides, its members are prevented from enjoying the security of tenure that is provided under s 72 and lacks independence.[4] It is because if any of the executive members dislikes the decision made by members, he or she will never be reappointed. Additionally, the changes of the procedures that are allowed by the Act can diminish fairness. Moreover, the decisions made are not binding, therefore, cannot be relied on. Further, AAT violates the principle separation of powers as well as the rule of law.[5] Lastly, it lacks component that relates it to the constitution of the Australian that can assist in unravelling the system.
 
Bibliography
A Articles
Administrative Appeals Tribunal Act 1975 (2017) Legislation.gov.au https://www.legislation.gov.au/Details/C2017C00107
Asimow, Michael and Jeffrey S. Lubbers, “The Merits Of “Merits” Review: A Comparative
Legislation And Jurisdiction | Administrative Appeals Tribunal (2017) Aat.gov.au https://www.aat.gov.au/resources/legislation-and-jurisdiction
Look At The Australian Administrative Appeals Tribunal” (2010) 28(2) Windsor Yearbook of Access to Justice
Peiris, G. L., “The Administrative Appeals Tribunal of Australia: The First Decade” (1986) 6(3) Legal Studies
Thomas, Robert and Joe Tomlinson, “Current Issues in Administrative Justice: Examining Administrative Review, Better Initial Decisions, and Tribunal Reform” [2016] SSRN Electronic Journal
B Legislations
Administrative Appeals Tribunal Act 1975

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