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Interesting. I’m not from Australia but I thought the concept of an Administrative Appeals Tribunal interesting. It seems like a way to offload work from the ma
by peytoncasper 5y ago
Interesting. I’m not from Australia but I thought the concept of an Administrative Appeals Tribunal interesting. It seems like a way to offload work from the main court system. According to Wikipedia it also does seem to have oversight by the Federal Court of Australia. [1]
While I agree that this seems like a massive overstep. The actual body seems similar to the FISA court in the US. There wasn’t any detail in the article but I would hope there is a massive audit trail on the ability to modify data or impersonate someone online.
Anyone have any additional details on the AAT’s effect on the average Australian citizen?
[1] https://en.wikipedia.org/wiki/Administrative_Appeals_Tribunal https://en.wikipedia.org/wiki/Administrative_Appeals_Tribuna...
- throwawaymanbot 5y agoThis is worse than FISA. Once again, in a 5 eye country the china like surveillance infrastructure has been rubber stamped.
- ohhhhhh 5y agoFISA court is unconstitutional too.. and is was literally used to frame Trump
- BLKNSLVR 5y agoNot to directly answer your question, but my trust of "the system" in general is severely shaken by recent cases involving the treatment of whistleblowers. Australia's powers-that-be seem to be promoting a chilling effect on any revelations that may cause negative publicity about said powers-that-be. https://www.theguardian.com/australia-news/2019/aug/10/witness-k-and-the-outrageous-spy-scandal-that-failed-to-shame-australia https://www.theguardian.com/australia-news/2019/aug/10/witne... https://www.abc.net.au/news/2021-04-29/prosecutors-proceed-case-against-ato-whistleblower-richard-boyle/100105710 https://www.abc.net.au/news/2021-04-29/prosecutors-proceed-c...
- HideousKojima 5y ago>The actual body seems similar to the FISA court in the US. This is your daily reminder that FISA was originally created as a way to provide oversight for intelligence agencies after things like MK Ultra and COINTELPRO. Instead it became a rubber stamp legitimizing their actions.
- ConanRus 5y agoNext step https://en.wikipedia.org/wiki/NKVD_troika https://en.wikipedia.org/wiki/NKVD_troika NKVD troika or Special troika (Russian: особая тройка), in Soviet history, were the People's Commissariat of Internal Affairs (NKVD which would later be the beginning of the KGB) made up of three officials who issued sentences to people after simplified, speedy investigations and without a public and fair trial.[1] The three members were judge and jury, though they themselves did not carry out the sentences they dealt. These commissions were employed as instruments of extrajudicial punishment introduced to supplement the Soviet legal system with a means for quick and secret execution or imprisonment.[
- sjy 5y agoThe AAT is basically what’s known as an administrative court in other countries [1], or a consolidation of the numerous tribunals presided over by administrative law judges in the U.S. [2]. The average person in Australia is most likely to interact with the AAT by appealing a decision of the federal government in relation to child support, workers’ compensation, social security, immigration or tax [3]. Although the distinction between an AAT member and a judge is constitutionally important, it is not that obvious or practically significant. Both conduct public hearings and provide written reasons for deciding the legal disputes within their jurisdiction, which can be further appealed. [1] https://en.wikipedia.org/wiki/Administrative_court https://en.wikipedia.org/wiki/Administrative_court [2] https://en.wikipedia.org/wiki/Administrative_law_judge https://en.wikipedia.org/wiki/Administrative_law_judge [3] https://www.aat.gov.au/about-the-aat https://www.aat.gov.au/about-the-aat
- peytoncasper 5y agoReally appreciate the detailed answer @sjy! That makes sense, so it seems odd to me that this article is claiming this is effectively "warrantless". Functionally, it sounds like law enforcement still have to present their case to a judge and then there is a path for recourse on behalf of the citizen.