Administrative and Judicial Review Legislation Amendment Bill 2026
Ms WITTY (Melbourne) (10:57): I rise to speak in support of the Administrative and Judicial Review Legislation Amendment Bill 2026. The heart of this bill is about a simple commitment: when government makes a decision that affects someone's life, there should be a fair and independent way to review that decision. That principle is central to a healthy democracy.
Australians expect government decisions to be made fairly according to law and subject to independent review when they are challenged. Strengthening the way government decisions are reviewed is one of the ways we make government better. It helps identify mistakes, improve decision-making and strengthen trust that the government is working in the interests of the people it serves.
People should know there is an independent body that can step in and consider whether a decision has been made correctly. These concerns led the Albanese Labor government to abolish the Administrative Appeals Tribunal, the AAT, and establish the Administrative Review Tribunal, the ART, in its place. When Labor came to government, confidence in the AAT had been badly damaged.
For too long, appointments had become associated with political connections rather than public confidence. Australians rightly expected organisations implementing vital public functions to be independent, professional and trusted. The Albanese Labor government acted.
We established the ART, introducing a new, merits based appointments process and returning integrity to federal review processes. But the government did more than create a new tribunal. We also made sure it had the people, systems and support needed to do its job properly.
That included bringing in more members, improving how cases are managed and helping resolve matters earlier where possible. The ART now considers decisions made under hundreds of Commonwealth laws. Every day it helps Australians who have experienced a decision they don't agree with and want reviewed.
These reforms were about far more than just changing a name. They were about restoring trust—trust that the government's decisions are being examined by a body that is independent, capable and focused on getting things right. Bodies like the ART play an important role in our democracy.
They provide an avenue for people who believe a decision may be wrong, they help decision-makers improve the quality of their work and they help identify issues in the system so government can learn and improve. This bill continues that work. Creating the ART was part of a wider effort to rebuild trust in government and make sure important public institutions are working in the way Australians expect.
The Albanese Labor government believes fairness and efficiency must go hand in hand. A process should be fair, but it also should be timely, because people deserve both. One of the reasons I feel strongly about this issue comes from a conversation I had with a close friend before I entered parliament.
This friend never really trusted government, no matter who was in power. She always asked the same question: 'Who holds government accountable when decisions affect people's lives?' Looking back, she was really talking about accountability. She wanted to know there was somewhere people could turn when a government decision seemed wrong.
Most people do not think about tribunals or review bodies in their daily life, but they do want to know there is an independent process available when something goes wrong. The reforms in this bill support this goal. They give the tribunal the tools it needs to deliver fair and timely outcomes, because reform cannot be a set-and-forget exercise.
No system stays exactly the same forever. The number of cases change, community expectations change and new challenges emerge. Good government continues looking for ways to improve public systems and how people experience them.
Since the ART commenced operating in 2024, the government has continued working to improve how cases are managed, reduce needless complications and help the tribunal focus its resources where they are needed most. This bill contains a range of practical amendments designed to improve efficiency, strengthen process and support the tribunal in managing growing workloads, because delays have real consequences.
When people are waiting for an outcome, uncertainty affects their lives. Family plans are put on hold. Businesses delay decisions.
Individuals are left wondering what comes next. One of the changes in the bill gives the tribunal greater flexibility in providing reasons for decisions. In some cases, reasons may be delivered orally, while applicants will continue to have the ability to request written reasons where needed.
This is practical reform. Not every matter requires the same level of process. Not every matter requires the same use of resources.
These amendments allow tribunal members to focus more time on resolving matters and less time on clerical obligations that may not always be necessary. That means better use of resources and quicker outcomes for people waiting for decisions. Importantly, the government are taking a balanced approach because we recognise that some types of decisions will require different considerations.
Areas including social security, the NDIS, veterans matters and aged-care matters can involve very personal and complex circumstances. The government has been careful to improve efficiency while maintaining appropriate safeguards because speed should never come at the expense of getting the process right. As a proud Labor government we believe Australians deserve both.
The bill also includes measures to improve migration review processes. Applicants will need to provide information in a standard way. This is good for people using the system, and it helps create a process that is more responsive and effective.
The bill before the House takes a real-world approach. It does not remove people's right to seek review. Instead, it helps the systems work better, reduces preventable delays and supports timely decisions for people who are waiting for answers.
During my career before coming to the parliament, I spent many years running a small business. Running a small business taught me that delays have consequences. Plans get put on hold, opportunities can be missed and time that could be spent growing a business ends up being spent chasing answers.
Government decision-making is obviously different from running a business, but the lesson is still much the same: people need timely decisions so they can plan for the future. The same principle applies here. People engaging with government processes should not be held up with unnecessary delays.
They should not be dealing with avoidable obstacles. They should be able to understand the process and receive an answer within a reasonable timeframe. That is exactly what this bill seeks to support.
The bill also introduces identity-check requirements for certain migration and protection review matters. This is a sensible measure aimed at supporting the growing demands on the ART. Australians expect government systems to operate with integrity.
They also expect safeguards that support public trust and help ensure the process is being used appropriately. The legislation also recognises that people have different circumstances and maintains mechanisms that allow individual situations to be considered appropriately. Strong institutions need to be trusted.
That means applying the rules consistently and treating people properly. As we debate this legislation, it is important to remember that these processes are ultimately about people. Every application has a human story behind it, every decision affects somebody's life and every outcome can shape somebody's future.
When the Albanese Labor government replaced the AAT with the ART, ensuring an independent and fair process was at the heart of that reform. We see the importance of that every week in electorate offices. Behind every application is someone trying to get on with their life.
In an electorate office, every case is different. Sometimes it's a family hoping to be reunited after years apart. Sometimes it's somebody who has worked and studied in Australia for years and is waiting for certainty about what comes next.
Other times, it is somebody simply trying to understand where they stand after navigating a complicated process. Whatever the circumstances, most people are not looking for special treatment. They want a clear process, they want the opportunity to put forward their case and they want an answer within a reasonable timeframe.
In my seat of Melbourne, we regularly speak with people seeking certainty about their future, reconnecting with loved ones, building careers, studying, working and contributing to our community. One constituent, whose story I want to highlight, came to Australia in 2013, hoping to build a future through study and work. Instead, they spent more than a decade living with uncertainty about their immigration status.
Their case moved through Australia's migration system for many years, including a process that stretched from 2020 until a final decision was made in 2025. During that time, major life decisions were put on hold while they waited for certainty about what their future would hold. Their experience highlights the value of independent scrutiny for government decisions.
A division having been called in the House of Representatives— Sitting suspended from 11 : 08 to 11 : 20 Ms WITTY: Government decisions should be able to be examined independently and according to the law. But getting the right outcomes is only part of the story. Timing matters too.
Nobody should be left waiting for an answer while uncertainty hangs over every part of their life. A system that is accessible, efficient and easy for people to navigate helps deliver outcomes sooner and gives people greater certainty about their future. Stories like these remind us what this work is ultimately designed to achieve—to support a system that makes sure decisions can be checked independently and that people have somewhere to turn when something appears to have gone wrong.
The Albanese Labor government has made restoring trust in public institutions a priority. We restored integrity to federal review process, established the ART and introduced a merit based appointments process. We also brought back the Administrative Review Council and put in place stronger oversights to help keep the system independent, accountable and effective.
This government has not been afraid to make major changes where change is needed. Replacing the AAT with the ART required significant reform. This bill continues that work by ensuring the system remains effective, practical and responsive.
Good government involves more than making decisions. It requires accountability for those decisions, it requires devices to examine them when concerns are raised and it requires institutions that continue to earn the trust of the people they serve. Most Australians will never spend time thinking about the tribunal.
In fact, most people hope they never need to. But when they do need it, it matters that the system works, it matters that decisions can be looked at independently, it matters that people receive an answer in a reasonable timeframe, and it matters that Australians can have faith that government decisions are being properly scrutinised. The Albanese Labor government believes Australians deserve institutions that are trusted, effective and fair.
This legislation helps deliver that outcome. It builds on the important reforms already undertaken by this government, strengthens a key institution within our democracy and helps ensure Australians can continue to have confidence that decisions affecting their lives can be made independently. I commend this bill to the House.