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Who can appeal to the Administrative Appeals Tribunal
The AAT appeal cannot be made anytime and it is not for all. Meaning, the organisation is not generally empowered to conduct a review in every decision made. It can only review a certain decision if a regulation, an Act, or other legislative instruments state that it can be reviewed by AAT. An individual or people who can appeal to AAT if their case is related to:
- > child support
- > compensation of Commonwealth worker
- > student and social security assistance, family assistance, and paid parental leave
- > refugees and migration visas, and decisions that are related to visas
- > entitlement of the veterans
- > taxation
Other people can also request for review if they have obtained decisions that are related to:
- > bankruptcy
- > Australian citizenship
- > financial services and corporations regulation
- > civil aviation
- > freedom of information
- > customs
- > passport
- > the National Disability Insurance scheme
- > security evaluations which the Australian Security Intelligence Association (ASIO) makes
It is essential to know that AAT is not the first step all the time, when it comes to reviewing a decision. In some circumstances, the organisation will not be able to review a decision until primary decision’s internal review has taken place, or a specialist review body such as the Veterans’ Review Board has made a review. Additionally, the AAT can conduct a second review of some decisions that have been reviewed in its Service & Child Support Division.
General Q&A about AAT
The Administrative Appeals Tribunal in Australia has the power to:
- Vary a decision
- Affirm a decision
- Set aside a decision and replace a new decision, or
- Remit a decision to the decision-maker for reconsideration
It is the main objective of AAT to offer a review process that is accessible, fair, economical, just, quick and informal. More so, the Tribunal aims to provide a review process that is proportionate to the complexity and importance of the matter, promotes public trust, as well as confidence in its decision making. The review process varies according to the type of decision being reviewed.
The organisation conducts reviews with a decision “on the merits”. Meaning, AAT takes a fresh look at the facts, law, and policy related to the decision and arrives at its own decision. The Tribunal decides if the decision should remain unchanged or not. Also, it is independent of the individual or group that makes the decision. Reviews are conducted by one of this organization’s eight Divisions. In connection to this, the review process varies and it depends on the type of decision an individual or group wants to be reviewed.