In October 2021, the Senate referred the following matters to the Legal and Constitutional Affairs References Committee for inquiry and report by 31 March 2022:

The performance and integrity of Australia's administrative review system, with particular reference to:

(a) the Administrative Appeals Tribunal, including the selection process for members;

(b) the importance of transparency and parliamentary accountability in the context of Australia's administrative review system;

(c) whether the Administrative Review Council, which was discontinued in 2015, ought to be re-established; and

d) any related matter.

Report overview:

• The introductory chapter sets out the background to the merits review system in Australia and details the findings of reviews which have been completed into the system over a number of decades.
• Chapter 2 provides information on the operation of the Administrative Appeals Tribunal (AAT), including its structure, and its performance reporting and results.
• Chapter 3 puts forward the general concerns raised in evidence about the functioning of the AAT, such as member remuneration, difficulties in accessing the AAT, and the complaints process.
• Chapter 4 explores evidence received in relation to the selection process for AAT members. It examines the protocol for member appointments and outlines the calls from inquiry participants for a more transparent and independent selection process.
• Chapter 5 turns to matters relating specifically to the AAT's Migration and Refugee Division (MRD), within which sits the Immigration Assessment Authority. It considers the evidence about the MRD's caseload and backlog, whether there are sufficient members in the MRD and other concerns about the operation of that Division.
• Chapter 6 examines the views of submitters in relation to the role and funding of the Administrative Review Council (ARC) and puts forward the calls for its re-establishment and funding.
• Chapter 7 considers the importance of the merits review system. It presents the committee's views on each of the areas examined by the previous chapters and foreshadows further areas of interest for the inquiry. It also puts forward the committee's recommendations.