CHAPTER 1: The year in review

President’s overview

Photo of AAT President Justice David Thomas.

Justice David Thomas

It is a privilege to be appointed President of the Administrative Appeals Tribunal and to present this annual report on the operations of the Tribunal. I look forward to leading the AAT at this important time as we continue to harmonise and improve our services following the amalgamation of the AAT with the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal in 2015.

So much has been achieved already and I would like to thank the former President of the AAT, Justice Duncan Kerr Chev LH, whose term as President ended on 15 May 2017. Justice Kerr presided over the Tribunal during a period of tremendous change. The amalgamation of Commonwealth merits review tribunals has been the most significant change to administrative law since the establishment of the AAT. Justice Kerr’s steadfast leadership during this challenging time was instrumental to the success of the amalgamation. I would also like to thank Justice John Logan RFD who served as acting President prior to my appointment.

The AAT is today far closer to the generalist merits review tribunal that was envisaged when it was established over 40 years ago. However, as Justice Kerr noted in last year’s annual report, heritage legislative differences in practice and procedure between the Tribunal’s divisions remain. During 2016–17, the Tribunal participated in an inter-agency review of options to harmonise procedures led by Andrew Metcalfe AO with support from the Attorney-General’s Department. I am hopeful that the work undertaken will lead to recommendations for legislative change that will allow the AAT to better realise the full benefits of the amalgamation.

I am committed to ensuring that the AAT continues to provide an independent, accessible, fair and quick way to have decisions made by the Australian Government reviewed on their merits. This important task requires us to stand in the shoes of the original decision-maker and remake the decision. In most cases, we have new or additional information that was not available to the original decision-maker. Having regard to all of the facts and circumstances of a case, the Tribunal must reach the correct decision according to the law. In cases where there is a discretion, we must make the preferable decision, not on the basis of personal preference, but taking into account factors set out in the law and relevant policy.

Tribunal membership, workload and performance in 2016–17

The Tribunal welcomed the appointment of 48 new members and the re-appointment of 66 serving members in 2016–17 with significant appointments announced in December and June. In the same period, the appointments of 63 members expired. Amongst those whose terms came to an end were some members from the pre-amalgamation AAT and from the former MRT, RRT and SSAT. I thank all those members for their dedicated service.

The number of applications lodged with the AAT increased by 24 per cent during the reporting period, from 41,432 in 2015–16 to 51,426 in 2016–17. There were increases in applications in most of our major areas of work. This was most marked in the Migration and Refugee Division which received 7,675 more applications year on year, an increase of 41 per cent.

The AAT finalised 42,224 applications in 2016–17, 11 per cent more than in 2015–16. While we were able to increase the number of reviews completed in most areas of work, the growth in lodgements led to an increase in the total number of applications on hand at 30 June 2017, particularly in the Migration and Refugee Division. We exceeded our overall target of finalising 75 per cent of cases within 12 months, with many cases finalised within shorter timeframes.

The Immigration Assessment Authority, the separate office within the Migration and Refugee Division which undertakes fast track reviews of certain protection visa decisions, also dealt with a significantly larger caseload in 2016–17: the IAA received 2,664 referrals and finalised 1,604 cases. In the reporting period, additional funding was committed by the government that will facilitate an increase in the number of Reviewers available to undertake the work.

Tribunal integration in 2016–17

The Tribunal continued to make progress in our efforts to create an integrated organisation following the amalgamation of tribunals.

In the reporting period, the AAT moved to a single location in Adelaide and Perth. Significant progress was also made towards the co-location of our offices in Brisbane and Melbourne in the second half of 2017, which will complete the consolidation of our accommodation across Australia. This significant milestone for the amalgamated Tribunal is the result of enormous effort and dedication on the part of many people, particularly the AAT’s Property & Projects team.

As we come together in co-located premises, we are able to operate more effectively as a single tribunal, building relationships between members and staff who have not worked together previously and offering more integrated services to our users. The AAT has also continued to take steps to break down silos between the Tribunal’s different divisions and increase our flexibility to utilise member skills as effectively as possible as well as improve consistency across divisions. Many members of the Tribunal are now cross-assigned to more than one of the Tribunal’s divisions.

Implementation of the amalgamated AAT’s comprehensive professional development program for members reached a further milestone in 2016–17. A core aspect of the program is the appraisal scheme which helps members reflect on their performance in relation to key competencies and identify any areas where they might benefit from some support or further development. It also seeks to ensure consistency and standards across all divisions, jurisdictions and registries of the AAT. The appraisal scheme was launched in August 2016 and the goal is to have 60 per cent of members appraised by the end of 2017.

Looking ahead

A key area of focus in 2017–18 will be dealing with the Tribunal’s increased caseload. We will work to ensure we have the range of resources needed to manage the workload and employ them in the most effective manner.

We will seek to continue the work already commenced to pursue opportunities for legislative changes that will harmonise procedures in the AAT. Legislative harmonisation has the potential to reduce complexity in AAT procedures, enhance our ability to effectively and efficiently manage cases across divisions and make the review process simpler. We will also maintain our efforts to harmonise non-legislative areas of difference, and identify and implement improvements in the way that different types of cases are managed. In this respect, I am greatly encouraged by some of the pilot programs we are already undertaking to innovate our approach to case management and review.

Having developed a high-level stakeholder engagement framework in 2016–17, the AAT undertook various meetings with users and other stakeholders in the reporting period. We will be looking to expand this program in 2017–18, reflecting our commitment to further engagement with our stakeholders in order to obtain feedback on our services, improve the operation of the review process and promote trust and confidence in our processes. With this in mind, we are reviewing existing policy and processes relating to the publication of AAT decisions.

With the bricks and mortar work of the amalgamation now largely complete, we have an opportunity to increase our focus on some of the less tangible aspects of the tribunal merger. A planned National Conference in early 2018 will provide a chance for members and senior staff from our registries across Australia to come together, for the first time for those who have recently joined us. Opportunities such as this will help establish a distinct and cohesive AAT culture that supports our reputation as a world-class merits review tribunal.

Challenges remain. However, the Tribunal is well placed to build on what we have already achieved and I am excited by the opportunities ahead of us.

Registrar’s review

Photo of AAT Registrar Sian Leathem.

Sian Leathem

Serving as Registrar of the AAT continues to be both challenging and rewarding. Members and staff worked together successfully in 2016–17 to increase the number of cases finalised, giving tens of thousands of individuals and organisations the opportunity to challenge decisions that affected their interests. At the same time, we have built on the work of the previous year, taking further steps to develop the AAT following amalgamation with the MRT, RRT and SSAT in July 2015. A significant and complex program of work is required to fully realise the intended benefits of the amalgamation and, whilst much has been achieved, there is still much to do to fully integrate and modernise the AAT.

Key achievements during the reporting period in relation to the four high-level strategies identified in our Strategic Plan 2015–20 are outlined below.

Creating an integrated, national Tribunal

Following amalgamation, AAT members and staff dealing with reviews largely continued to work within a divisional framework, reflecting arrangements in the former tribunals. A key focus for the AAT is to move over time to a single, integrated registry providing effective services to support the review process in all divisions. A number of initiatives during 2016–17 helped us make progress in relation to this goal.

We implemented a revised senior executive structure in August 2016, moving from three Division Registrars to two Executive Directors with functional responsibility for Registry Operations and Review Support respectively. We commissioned a review of our current registry environment which identified a set of proposals for transitioning to more integrated services. To inform future steps, we also developed detailed maps of registry processes across all case types in one of our locations. This work will be undertaken across other locations in 2017–18.

Transforming how we work and maximising our use of technology

We undertook various projects during 2016–17 aimed at improving the way cases are managed to increase efficiency and support the effectiveness of the review process. Trials in different types of cases variously explored the use of triage, outreach and different review pathways to progress cases and, in appropriate circumstances, finalise cases without the need for a hearing.

We are committed to providing review processes that are accessible to the wide range of people who are involved in cases at the AAT, particularly those who represent themselves. New video guides to be launched in the first quarter of 2017–18 were developed to assist our users better understand our review processes. We also established an internal Accessibility Advisory Group to provide a cohesive and strategic approach to reviewing and making improvements to the accessibility of our services.

Our digital strategy, which was adopted during the reporting period, provides a high-level roadmap for the delivery of a series of digital initiatives over time to improve how cases are managed for internal and external users and to foster greater information sharing across the AAT. In accordance with the strategy, we made substantial progress in developing a more intuitive and integrated website which will be launched in the first half of 2017–18. We also worked on the development of a single online lodgement solution. The AAT’s Social Services and Child Support Division transitioned to a fully digital case file in 2016–17 and we worked with the Department of Immigration and Border Protection on setting up a trial for the electronic provision of the departmental documents in the Migration and Refugee Division.

We established an Information and Technology Governance Committee in 2016–17 to promote a systematic whole-of-agency approach to managing information and our information technology resources. We also continued to make improvements to our systems, undertaking further work on consolidating our IT networks, upgrading our human resource information system and implementing a new electronic system for on-boarding new members and staff.

Engaging with our stakeholders, members and staff

The AAT has a broad range of stakeholders, including parties and representatives, agencies and organisations whose decisions we review, peak bodies for persons who represent parties at the AAT, community and advocacy organisations, parliament and the media. We engage with our stakeholders in various ways using a range of communication methods. In 2016–17, the Tribunal launched a Twitter account as an additional channel to communicate information about the AAT.

During 2016–17, we undertook surveys of AAT members and staff in relation to our key forms of internal communication and collaboration, including our intranet, monthly newsletter and regular all-of-AAT forums. The responses provided useful information to understand how members and staff use the intranet and prefer to receive information. They helped inform improvements to our intranet and internal communication activities.

Optimising our resources

The significant body of work the AAT is undertaking to further harmonise and integrate our systems and practices as well as changing the way we work requires the coordination of a large set of interdependent projects. During the reporting period, we established a Transformation Program Steering Committee and a Program Management Office to oversee and direct this work.

We implemented a number of initiatives in 2016–17 relevant to the management and development of our staff, including the introduction of a Workforce Development Plan 2016–20 containing six initiatives designed to improve the capabilities of our workforce together with a new online performance appraisal system and appraisal policy. After a lengthy period of negotiations and significant effort on the part of the bargaining representatives, we were very pleased to have our new AAT enterprise agreement enter into force on 9 June 2017.

The AAT ended the financial year with an operating surplus which can be attributed primarily to lower than anticipated operating costs, particularly in relation to the review of National Disability Insurance Scheme decisions and the operations of the IAA. In relation to the coming year, we are well placed to fund our core work while also pursuing strategic projects that will position us to operate more efficiently and effectively into the future.

Looking ahead

As we look ahead, an ongoing challenge for the AAT will be to deliver our change program while also ensuring we continue to provide high-quality and timely reviews in the context of a diverse and increasing caseload. We will maintain our focus on transitioning to integrated registry structures, progressing our digital strategy, and developing the capabilities of our members and staff to meet current and future demands. In relation to our stakeholders, we will seek to improve the availability of relevant and timely information that explains what we do as well as implement mechanisms to better understand the views and needs of our users in relation to our services, particularly in designing our new digital systems.

Our performance results reflect the hard work and dedication of the members and staff of the AAT. I would like to thank them for their efforts in the reporting year.

 

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