The administrative head of the tribunal that reviews government decisions is leaving the job three months early as a Senate committee examines the legal body’s operations.
Administrative Appeals Tribunal registrar Sian Leathem told members on Friday she had tendered her resignation and would finish in the job on January 14, several sources in the tribunal told The Sydney Morning Herald and The Age.
Administrative Appeals Tribunal registrar Sian Leathem’s term was due to end in April.Credit: Alex Ellinghausen
An AAT spokeswoman confirmed this and that the tribunal’s president, Justice David Thomas, was on leave until the end of the year.
Justice Susan Kenny is acting as the president of the tribunal while Justice Thomas is on leave.
A spokesman for Attorney-General Michaelia Cash said this arrangement would be in place “for at least the remainder of the 2021 calendar year”.
“The government is confident that the AAT will be able to continue to operate effectively while Justice Thomas is on leave and a suitable replacement is found for Ms Leathem,” Senator Cash’s spokesman said.
The tribunal reviews government decisions across areas including migration, social services, taxation and the National Disability Insurance Scheme.
It has faced scrutiny this year over the amount of work done by members. Labor has also accused the government of stacking the tribunal with Coalition-linked appointees.
The Senate’s legal affairs committee is now holding a special inquiry into the performance and integrity of the administrative appeals system, including the selection process for AAT members and the importance of transparency and parliamentary accountability. It is due to report by the end of March.
Ms Leathem was initially appointed for a five-year term in April 2015 and was given a two-year extension in 2020, with her term due to end in April 2022.
She came under fire at the Senate estimates hearings in October over the workloads of tribunal members, accusations of misleading Parliament and concerns about damage to the tribunal’s reputation.
She apologised to the legal affairs committee for a year-long saga over answers to questions about how the AAT answers parliamentary questions. Committee chair, Liberal senator Sarah Henderson, also took Ms Leathem to task during the hearing for having attempted to keep secret details about payments to part-time members and hours worked so as to avoid bringing the AAT into disrepute.
Senator Henderson said at the time the committee was “most disappointed” by the secrecy claim.
On Tuesday, the Herald and The Age reported the tribunal was seeking legal advice over how it paid part-time members and had shifted to a timesheet system to ensure people weren’t being paid for more work than they did.
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