What is the role of the Administrative Appeals Tribunal?

What is the role of the Administrative Appeals Tribunal?

39. The sole function of the Administrative Appeals Tribunal is to make administrative decisions. Each decision must relate to a prior decision – the decision under review. The Tribunal substitutes its own decision for the decision it is reviewing.

Who are the members of the Administrative Appeals Tribunal?

Division Heads

  • Mr Peter Britten-Jones. Deputy President Peter Britten-Jones is Division Head of the General Division.
  • Mr Bernard McCabe. Deputy President Bernard McCabe is Division Head of the Taxation & Commercial Division and the Small Business Taxation Division.
  • Ms Jan Redfern.
  • Ms Karen Synon.

How many divisions does AAT have?

From 1 July 2015, the AAT has eight divisions: Freedom of Information, General, Migration and Refugee, National Disability Insurance Scheme, Security, Social Services and Child Support, Taxation and Commercial, and Veterans’ Appeals.

What are the key features of administrative review tribunals in Australia?

Administrative review tribunals are accordingly concerned with more than determining legal rights. They may determine, for example, whether a development should proceed or what conditions should be imposed on a broadcasting licence.

Is AAT state or federal?

In New South Wales there is the Administrative Decisions Tribunal. And in Western Australia there is the State Administrative Tribunal.

What decisions can the AAT make?

What type of decisions can the AAT make?

  • child support.
  • commonwealth workers’ compensation.
  • family assistance, paid parental leave, social security and student assistance.
  • migration and refugee visas and visa-related decisions.
  • taxation.
  • veterans’ entitlements.
  • Australian citizenship.
  • bankruptcy.

Is internal review available in the AAT?

We can only review a decision if an Act, regulation or other legislative instrument states that the decision can be reviewed by the AAT. We can review decisions made under more than 400 Commonwealth Acts and legislative instruments.

What is an administrative tribunal Australia?

The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies.

Are AAT decisions binding?

While the Tribunal’s interpretations of legislation are not binding on decision-makers in the same way that court decisions must be followed, the Tribunal’s decisions are persuasive.

Is an AAT decision binding?

What are the chances of winning AAT?

Interesting Facts about AAT! According to a recent report from AAT, you have 51% chance of winning and only 31% chance of losing on partner visa refusal.

Can AAT make a decision without a hearing?

We might make a decision without conducting a hearing if: we decide we have no jurisdiction to review the decision. the case can be decided in your favour based on the information we have. you do not respond to a request to give us information or comments by the date we tell you.

What is in the table of contents of the Administrative Appeals Tribunal?

Table of contents. This is a compilation of the Administrative Appeals Tribunal Act 1975 that shows the text of the law as amended and in force on 22 March 2017 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

What is the purpose of the Administrative Appeals Tribunal Act 1975?

This Act may be cited as the Administrative Appeals Tribunal Act 1975. This Act shall come into operation on a day to be fixed by Proclamation. In carrying out its functions, the Tribunal must pursue the objective of providing a mechanism of review that:

What does the term state mean in the Australian Administrative Appeals Act?

State includes the Northern Territory and the Australian Capital Territory. (a) means the Administrative Appeals Tribunal established by this Act; and (b) in relation to a proceeding, means the Administrative Appeals Tribunal so established as constituted for the purposes of the proceeding; and

Can a decision be changed after an application to the tribunal?

were an enactment (within the meaning of this Act). (1) Subject to section 42D, after an application is made to the Tribunal for a review of a decision, the decision may not be altered otherwise than by the Tribunal on the review unless: