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Topic: Administrative Appeals Tribunal

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	[No title] (Site not responding. Last check: 2007-10-10)
		The Tribunal is bound by the rules of natural justice, which means that you and Centrelink must be given a proper opportunity to present your cases and the procedures adopted at the hearing must not prevent this.
		AAT decisions can only be appealed on a point of law or if there has been a breach of ‘natural justice’ - not if a party disagrees with its assessment of the merits of the case alone.
		Tribunals, such as the AAT, are only bound by the decisions of higher courts in the same hierarchy, such as the Federal Court or in a few cases the High Court.
	www.welfarerights.org.au /booklets/blaat_kit.doc (11193 words)

	Administrative Appeals Tribunal - Wikipedia, the free encyclopedia
		The Administrative Appeals Tribunal or "AAT" is an Australian tribunal which undertakes merits review of decisions by the Australian federal government.
		The AAT was established in by the Administrative Appeals Tribunal Act 1975.
		The President of the AAT took the view that errors of law that would cause the AAT to partake a null decision were only those of the most obvious procedural issues, such as sending the hearing date to the wrong address.
	en.wikipedia.org /wiki/Administrative_Appeals_Tribunal (1982 words)

	Australian administrative law - Wikipedia, the free encyclopedia
		Administrative law's application are currently being influenced by the shift toward deregulation, and privatisation.
		The AAT was established by the Administrative Appeals Tribunal Act 1975 (Cth) as a hybrid between court and administrative agency.
		Appeals from the AAT would be to the Federal Court, and would ordinarily only be on errors of law.
	en.wikipedia.org /wiki/Australian_administrative_law (2064 words)

	Legal - Reviews and Appeals
		Appeals to the AAT must be lodged in writing within 28 days of receiving a decision from the SSAT, although a late appeal might still be accepted.
		Forms on which an appeal may be lodged are available from the AAT Registry in each State (GPO Box 9955 in each capital city).
		There is no charge for lodging an appeal in the AAT and the AAT will not award costs in social security matters.
	www.centrelink.gov.au /internet/internet.nsf/legal/review_appeal.htm (1217 words)

	Challenging Environmental Decisions in the ACT (Site not responding. Last check: 2007-10-10)
		Administrative law is the area of law dealing with the review of decisions made by public bodies, such as Ministers, government departments and statutory corporations.
		The Tribunal is required to decide appeals within 120 days after the lodging of the appeal unless that period is extended by the Tribunal if it is satisfied that it is in the interests of justice to do so.
		The Tribunal is also empowered in some cases to order costs against a party if the party contravenes a direction of the Tribunal and the Tribunal considers it is in the interests of justice to make such an order.
	www.edo.org.au /edoact/fact_sheets/FS10ChallengingEnvtDecisions.htm (2555 words)

	ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
		Reconstitution of Tribunal to achieve expeditious and efficient conduct of proceeding 23B.
		Tribunal to determine persons whose interests are affected by decision 32.
		Appeals to Federal Court of Australia from decisions of the Tribunal 44AA.
	www.austlii.edu.au /au/legis/cth/consol_act/aata1975323 (827 words)

	Judgment 2448 - ILO Administrative Tribunal
		On 1 October 2001 the complainant lodged an appeal with the Appeals Committee of the Administrative Council, challenging the decision of 28 June 2001 and, in particular, the aforementioned implementing rules concerning, inter alia, the contributions paid by the Office and by insured persons.
		The Appeals Committee of the Administrative Council, to which her appeal was referred, considered it to be receivable, but unanimously recommended that it be dismissed.
		She submits that the Appeals Committee breached procedural rules, particularly regarding its hearings, that its opinion was neither impartial nor objective, and that it was biased.
	www.ilo.org /public/english/tribunal/fulltext/2448.htm (1677 words)

	- Administrative Tribunal
		What the Tribunal must determine is whether the impairment was due to the complainant's performance of his duties between 1 July 1967, when he joined CERN, and 3 July 1968, the date of the first audiogram.
		Moreover, Administrative Circular No. 14 of September 1981 is subsequent both to the facts of the case and to the termination of the complainant's appointment, and neither party may rely on it.
		This is cautious wording, and is not such as to allow the Tribunal to declare that the conditions in the appendix to the circular of 25 June 1962 are fulfilled in the complainant's case.
	www.ilo.org /public/english/tribunal/fulltext/0528.htm (1935 words)

	Publications & research - AGS publications - AGS legal notes - Legal Practice Briefing No. 23
		New section 23A provides that if the Tribunal is constituted by two members and the members do not agree on the decision to be made in the proceeding, the matter will be reheard by the Tribunal as reconstituted in accordance with the directions of the President of the Tribunal.
		The AAT Act is also amended to provide that the Tribunal has the power to remit matters to the decision-maker for reconsideration at any stage of the proceedings (new section 42D).
		Under this section, the President of the Tribunal may direct the Tribunal to tax or settle the amount of costs, or direct that the costs be taxed by the Registrar, a District Registrar or a Deputy Registrar.
	www.ags.gov.au /publications/agspubs/legalpubs/legalbriefings/br23.htm (2536 words)

	Online edition of Daily News - News (Site not responding. Last check: 2007-10-10)
		The Administrative Appeals Tribunal was established under paragraph (1) of Article 59 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
		The Administrative Appeals Tribunal shall have the power to hear and determine any appeal preferred to it from any order or decision made by the Public Service Commission in the exercise of its powers under Chapter lX of the Constitution.
		The Tribunal may, upon a consideration of the grounds set out in an appeal preferred to it and on being satisfied that, there exists a prima facie grievance entertain such appeal.
	www.dailynews.lk /2003/10/16/new18.html (265 words)

	The NSW Administrative Decisions Tribunal
		The Tribunal (not the Appeals Panel) has a discretion to order that an applicant not be represented by an agent for the purpose of the presentation of oral submissions to it - section 71(2).
		The Tribunal (not the Appeals Panel) has a discretion to order that an applicant not be represented by an agent for the purpose of the presentation of oral submissions to it.
		Appeals to an Appeals Panel and in some cases to the Supreme Court are provided for in Chapter 7 ss 112 - 123.
	www.wentworthchambers.com.au /marobinson/adt.htm (2647 words)

	Administrative Appeals Tribunal
		The Administrative Appeals Tribunal is established by the Administrative Appeals Tribunal Act 1989.
		It is required to follow the procedures and exercise its powers in accordance with the provisions of the Administrative Appeals Tribunal Act 1989.
		Jurisdiction of the AAT as at 31 January 2006
	www.courts.act.gov.au /magistrates/tribunals/aat/aat.html (297 words)

	Administrative law & judicial review
		These may lie to correct tribunals and inferior courts which commit jurisdictional error or breach of natural justice; also against public bodies which act beyond lawful power (ultra vires) or err in the exercise of power.
		Where further appeal is from order of VCAT not constituted by President or a Vice President, leave is to be sought from a Master.
		The expression "question of law" is familar from Magistrates Court Act s.92 and s.109 appeals where cases have given it quite a wide meaning, including whether on all the evidence it was not open to the magistrate to reach the conclusion.
	www.justd.com /adminlaw.htm (1082 words)

	APRA statement on Administrative Appeals Tribunal decision
		The Australian Prudential Regulation Authority (APRA) acknowledges the decision by the Administrative Appeals Tribunal (AAT) to set aside APRA's disqualifications of seven directors of the former trustee of the AXA Australia Staff Superannuation Plan (the Fund).
		However, the Tribunal concluded that the trustee's conduct was in the interests of the fund members as a whole.
		A copy of the AAT decision is made available at the Administrative Appeals Tribunal website.
	www.apra.gov.au /Media-Releases/06_40.cfm (458 words)

	Administrative Appeals Tribunal (AAT) Home Page
		The Administrative Appeals Tribunal (AAT) provides independent review of a wide range of administrative decisions made by the Australian government and some non-government bodies.
		The AAT aims to provide fair, impartial, high quality and prompt review with as little formality and technicality as possible.
		You can either write a letter to the Tribunal or you can fill out an application form which is available either as a download or from the Tribunal’s offices.
	www.aat.gov.au (133 words)

	Foundations of Governance in the Australian Public Service (Site not responding. Last check: 2007-10-10)
		Administrative law is concerned with the review of the administrative actions of Government.
		The Administrative Appeals Tribunal (AAT), as established under the Administrative Appeals Tribunal Act 1975, has the power to independently review, on the merits, a broad range of administrative decisions made by Commonwealth Government Ministers and officials, authorities and other tribunals.
		The AAT has jurisdiction to review administrative decisions in a wide range of areas including social security, taxation, veterans’ affairs, compensation and freedom of information.
	www.apsc.gov.au /foundations/governmentdecisionmaking.htm (1021 words)

	Topic 1: Merits Review in Tasmania (Site not responding. Last check: 2007-10-10)
		Mediation and the Administrative Appeals Tribunal, Sue McQuaid and Fiona Lester, 1994 (Tas) 88 PPL
		Administration of Environmental legislation in Tasmania: The role of State based administration on maintaining the efficacy of the Resource Planning and Management System of Tasmania.
		A Study of the role of the principles of administrative law in regulating the activities of the Anglican Church of Australia, specifically in relation to the issue of the ordination of women to the priesthood, Trudy Steedman, 1993 (Tas) 96 PPL
	www.foi.law.utas.edu.au /active/abstracts/topics-1.html (4693 words)

	The Merits Review Tribunal System for Australian Migration
		Further, even if the tribunal does not identify any errors of fact (or law) in the original decision, they may substitute their own judgment of how any discretion should be exercised in order to come to the preferable decision.
		Therefore, in practice the merits review tribunals have the final say in the migration decision-making process on questions of fact and discretion, including how any relevant policy should be applied in the exercise of a discretion.
		Prior to 1992, the AAT's jurisdiction in relation to criminal deportation decisions was limited to affirming the decision or remitting it for reconsideration in accordance with recommendations.
	www.beyderwellen.com /tribunal.htm (2140 words)

	breachbklet
		It outlines the procedure from your first contact with Centrelink to the Admininstrative Appeals Tribunal After the decision of the Tribunal you may appeal to the Federal or High Court, a process which is not covered in this booklet.
		After your appeal has been rejected by the Social Security Appeals Tribunal (SSAT), or in cases where the SSAT gave you right but Centrelink appealed against the decision, your case moves on to the Administrative Appeals Tribunal (AAT).
		The AAT is headed by a member of the Tribunal who checks if the procedures used by Centrelink and the review bodies has been correct.
	au.geocities.com /upmapoverty/Publications/breachbk/booklet.html (2848 words)

	ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - NOTES
		Appeals to Federal Court of Australia from decisions of the Tribunal 101
		The Administrative Appeals Tribunal Act 1975 was modified by the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (No. 75, 1988), the Social Security Act 1991 (No. 46, 1991), the Taxation Laws Amendment Act (No. 3) 1991 (No. 216, 1991) and the Migration Reform Act 1992 (No. 184, 1992).
		The Administrative Appeals Tribunal Act 1975 was amended by the Administrative Appeals Tribunal (Patent Attorneys) Regulations.
	www.austlii.edu.au /au/legis/cth/consol_act/aata1975323/notes.html (3318 words)

	Class 9 (Site not responding. Last check: 2007-10-10)
		The AAT presents a radically different approach from that taken by courts in terms of procedures, conduct of proceedings, use of evidence and the role of the parties.
		As the AAT can substitute its own decision for that of the original decisionmaker it means there is a possibility of conflict over the role of government policy in the decisionmaking process.
		The decisionmaker may have made a decision on the basis of government policy but the AAT may decide to reach a decision contrary to that policy.
	www.foi.law.utas.edu.au /active/synopsis/class9.htm (369 words)

	Courts and cases Australia (Lexadin)
		It hears criminal and civil appeals from the Federal Court, the State Supreme Courts and the Family Court.
		Administrative Appeals Tribunal of the Australian Capital Territory Decisions
		Administrative Decisions Tribunal of New South Wales Decisions
	www.lexadin.nl /wlg/courts/nofr/oeur/lxctaus.htm (396 words)

	WRC (SA) Issues Paper #1 (Site not responding. Last check: 2007-10-10)
		It is a disproportionate response to the low levels of fraud and is an inappropriate activity for an agency whose primary function is the administration of beneficial legislation.
		Section 3 (D) of the Tax Administration Act enables it to refer matters to the NCC for ‘tax related matters.’ According to the ATO, this is the most appropriate method of investigating suspected fraud as the federal Police and the NCC are the relevant investigative bodies which pursue allegations of crime and fraud.
		The decision to mount a covert surveillance operation on a citizen is a very serious matter and should not be left to the administrative procedures of a Government bureaucracy but should be the subject of judicial review to ensure people’s human rights are not abused.
	www.wrcsa.org.au /publications/issueone.html (7454 words)

	Appeals and reviews (Site not responding. Last check: 2007-10-10)
		Centrelink is required, within 28 days of receiving an 'appeal has been lodged' notice from SSAT, to submit a statement of fact detailing evidence and reasons for the decision being appealed, which was met in 96 per cent of cases (94 per cent in 2000-01).
		Section 37 of the Administrative Appeals Tribunal Act 1975 specifies statements have to be lodged with the Tribunal within 28 days.
		Centrelink, on behalf of the Secretary of FaCS lodged 1448 statements in 2001-02 (1300 in 2000-01).
	www.centrelink.gov.au /internet/internet.nsf/ar0102/2_3_05.htm (275 words)

	Migration Review Tribunal - Links
		The Administrative Appeals Tribunal (AAT) is a body which provides independent review of a wide range of administrative decisions made by the Australian Commonwealth government and some non-government bodies.
		The Refugee Review Tribunal is an independent body which reviews decisions made by the Department of Immigration and Multicultural Affairs to refuse or cancel visas.
		The Immigration Advice and Rights Centre (IARC) is a community legal centre specialising in immigration law and providing free legal advice and assistance.
	www.mrt.gov.au /Links.htm (339 words)

	The Sydney Morning Herald Blogs: News Blog / Freedom Of Information Archives
		For a dud decision it's hard to beat the ruling of the NSW Administrative Decisions Tribunal a few weeks ago in an obscure matter called Fomiatti v SU.
		The Herald believes that despite their numerous shortcomings, Freedom of Information (FOI) laws are an essential tool for the media and the public to scrutinise the operation of all levels of government.
		We hope to show the sort of information that can be obtained by using the laws and to highlight consistent attempts by governments to deny access to to information that should be in the public arena.
	www.smh.com.au /foi (1886 words)

	Remuneration Tribunal Links
		The Remuneration Tribunal has counterparts in most governments, although not all of these are on-line or have the same coverage as the Commonwealth Remuneration Tribunal.
		SA Remuneration Tribunal - major functions include the determination of remuneration payable to members of the judiciary and statutory office holders and the determination of allowances for Members of Parliament.
		ACT Remuneration Tribunal - cover parliamentary, local government, statutory and certain other offices.
	www.remtribunal.gov.au /links/default.asp (259 words)

	Federal Magistrates Court Rules 2001 Part 43
		(1) This Part applies to an appeal from the Administrative Appeals Tribunal transferred to the Court from the Federal Court.
		(1) An application under section 44A of the Administrative Appeals Tribunal Act for an order staying or otherwise affecting the operation or implementation of a decision subject to appeal must be made in accordance with the form of application set out in Part 1 of Schedule 2.
		A notice of appeal may, before the first court date, be amended without leave by filing and serving a supplementary notice.
	www.fmc.gov.au /rules/html/part43.htm (609 words)

	WorldLII - Categories - Countries - Australia - By Subject - Administrative Law
		The council is responsible for overseeing and monitoring the Australian system of administrative review.
		Contains the full text decisions of the Administrative Appeals Tribunal since 1976 as selected by the Tribunal (on AustLII)
		A non-profit association that promotes knowledge of and interest in Australian, Commonwealth, State and Territory administrative law and provides a forum for exchange of information and opinions on administrative law and administrative practices
	www.worldlii.org /catalog/39.html (232 words)

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