Submission on the reform of Non-Court Adjudicative Bodies and Appeals to Courts

In 2026, CLM made a submission to the Law Reform Commission’s consultation on the Reform of Non-Court Adjudicative Bodies and Appeals to Courts.

The observations in this submission are grounded in CLM’s day-to-day work supporting individuals before bodies such as the Workplace Relations Commission (WRC), the Social Welfare Appeals Office (SWAO) and others. They reflect the practical realities encountered by people seeking to access remedies and vindicate their rights through these systems.

We welcome and support the focus on improving the quality and consistency of first instance decisions to reduce the need for judicial intervention. However, as a general comment, recent steps by government to restrict access to judicial review – in the Planning & Development Act, the Civil Reform Bill and in new Regulations giving effect to a scale of fees for environmental judicial reviews – essentially places the cart before the horse if pursued before meaningful improvements in the quality and consistency of decision-making are achieved. Judicial review remains a vital backstop on the power of the state in many areas of public life.

CLM is of the view that all adjudicative bodies should operate in accordance with a consistent set of core principles, particularly in relation to independence, transparency and accessibility. These principles should be underpinned by reform of the Civil Legal Aid Act 1995 to provide access to legal aid for proceedings before non-court adjudicative bodies, as well as by appropriate adjudicator training and transparent, accountable procedures for the appointment and removal of adjudicators.

Read our submission in full here: