Thread by @docbaty

Good morning and welcome to this reading of the @SatPaper

We’ll begin today with @SquigglyRick and his look at the appointments to the Administrative Appeals Tribunal

thesaturdaypaper.com.au/share/13668/VV… (unlocked)

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[Integrity in government is not all about a Federal ICAC, and this story shows just one of the ways non-corrupt conduct eats away at the fabric of our democracy. We’ll talk about this at the National Integrity Policy Forum next week.]

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"After cutting funding to the overwhelmed Administrative Appeals Tribunal in last month’s budget, the Morrison government has appointed 19 new members and deputy presidents to it, almost half of whom have links to the Liberal Party or conservative politics."

[It’s worth noting that in announcing the appointments the AG said how much the AAT’s workload had increased recently. This runs counter to the funding cuts contained in the recent Budget.]

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[Appointments to the AAT were not the end of it this week…]

"Most notably, Resources & Water Minister Keith Pitt tapped Australian Petroleum Production and Exploration Association chief executive Andrew McConville to lead the Murray–Darling Basin Authority from June this year"

“...and selected former LNP Queensland politician John McVeigh to chair a Murray River panel “which will look for water infrastructure opportunities that could improve delivery and reliability of water right across the southern Basin””

[There are more…]

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[What is the AAT?]

"It featured prominently in early test cases regarding the unlawful $2 billion robo-debt welfare scheme and has routinely found in favour of applicants forced to argue for disability support denied through the NDIS.”

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"Among the roster of new members is Ann Duffield, Scott Morrison’s former chief of staff and an adviser to Philip Ruddock during a particularly acidic period for refugees in Australia.”

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"Self-described “Red Tory”, barrister and conservative commentator Graham Connolly has also been selected for the tribunal, as has former NSW Liberal minister Pru Goward, current Coalition federal adviser Kate Chapple…”

[Yes, Pru Goward]

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[In case you’re wondering, Pru wrote just last October in the AFR: ‘Why you shouldn’t underestimate the underclass’ - "They are damaged, lacking in trust and discipline, and highly self-interested. But the poor are still a force that Australia needs to properly harness.”]

"Cheryl Cartwright, a former chief of staff to then Nationals MP Warren Truss and the current chief executive of the Australian Pipeline and Gas Association, was also vaulted onto the tribunal.”

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[Cash’s senate estimates appearance to defend the appointments included this line about Ms Cartwright: “But I would argue as a CEO of the Australian Pipeline and Gas Association she is someone who is able to work under pressure…”

I wonder if the pun was intentional.]
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"At the hearing of the senate legal and constitutional affairs committee on Tuesday morning, the attorney-general revealed six of the 19 new appointees were not on the expression-of-interest register created a year ago to fill positions on the tribunal.”

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"“The [protocol] clearly states the AG is not limited to candidates recommended by the president of the AAT, and may choose to recommend to cabinet a candidate for a position that has not been suggested by the president of the AAT or is not on the register,” Cash said.”
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[OK, so let’s pause to acknowledge that protocols were followed and Cash acted within the rules. And yet these appointments stink like last week’s fish guts left too long in the sun.

The rules are a problem and need to be tightened.]

[These appointments come with a hefty salary, by the way. New deputy president Michael Miscin’s salary will be $496,000 p.a. He’s a Liberal party member and a former Liberal MLC.]

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"In 2018, former High Court judge Ian Callinan completed a review of the Administrative Appeals Tribunal, which was scathing in its findings, especially on the lack of a proper “merit-based” process for the appointment of new members. “

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"“An effective mediator engages in a process of gaining the confidence of the parties, gentle testing and coaching of parties in their cases, and needs to have a good knowledge of the applicable law and the relevant facts,” Callinan wrote in the review.”

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“... “all further appointments, re-appointments or renewals of appointment to the Membership of the AAT should be of lawyers, admitted or qualified for admission to a Supreme Court of a State or Territory or the High Court of Australia, and on the basis of merit”.”

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"There was an end-of-school energy in the senate estimates hearing as Kim Carr continued his push for more detail about the selection process of various government appointments.”

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"“Can someone get Senator Carr a cup of tea,” committee chair Sarah Henderson joked at one point, to which Cash added: “And slip something into it quietly.””

[Yes, very funny, roofy the Senator pushing for accountability.]

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[The way these appointments are made - whether to the AAT or the Board of the ABC or the Murray-Darling Basin authority - is critical to the fair operation of each body. They process of selection must be fair, *and appear to be fair*. That’s simply not the case at the moment.]