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Editors --- "The Tasmanian Review of Administrative Appeal Processes" [2004] AdminRw 22; (2004) 56 Admin Review 72


The Tasmanian review of administrative appeal processes

In April 2003 the Tasmanian State Service Commissioner reported on a review of administrative appeal processes in that state. The review examined the relationships between existing offices and institutions and considered such matters as duplication of roles, standardisation of access arrangements and uniformity of mediation procedures. Among the report’s recommendations were the following:

• further work towards a single point of access to complaint-handling bodies and tribunals

• creation of a register of accredited mediators and conciliators

• establishment of a civil and administrative tribunal

• establishment of an oversight body modelled on the Administrative Review Council.

The Tasmanian Government subsequently accepted the recommendations and announced the establishment of a high-level working party to consider matters associated with creating a tribunal.

Overall, the report’s recommendations have been divided into eight separate projects, overseen by a single steering committee. The first recommendation implemented was enactment of the Public Interest Disclosures Act 2002 on 1 January 2004.

In January 2004 a review of the Ombudsman Act 1978 was announced, implementing another recommendation of the report. This review will consider matters such as clarifying the Ombudsman’s jurisdiction, modernising the investigation process, and providing a power to resolve complaints through conciliation.

Priority has also been given to establishment of the Tasmanian Administrative Review Advisory Council, with terms of reference recently approved and membership now being finalised. This body will have a role that is broadly similar to that of the federal Administrative Review Council, although it will not be established in legislation.

A copy of the Commission’s report is available on the Department of Justice website <www.justice.tas.gov.au>. Further information can also be obtained from Mr Dale Webster <dale.webster@justice.tas.gov.au>.


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