The Role of the Advocate in Administrative Decision-Making

Oral advocacy has long occupied a central place in common law adjudication. Most of the discussion of that tradition occurs in the context of court proceedings, but advocacy is equally vital to decision-making outside the courts. This article explains how and when oral advocacy can provide benefits to administrative decision-making, particularly merits review. The article also examines how those benefits are sought to be fostered within the framework of the Administrative Review Tribunal Bill 2023 (Cth). The article concludes that many of the purposes of the proposed Administrative Review Tribunal will be furthered, and will sometimes demand, an oral hearing.