Can the AAT consider new evidence?

Yes, the Administrative Appeals Tribunal (AAT) in Australia generally has the authority to consider new evidence during its review of administrative decisions. The AAT conducts a merits-based review, which means it assesses whether the original government decision was made correctly based on the evidence, law, regulations, and policies at the time of the original decision.

Here are some key points to consider regarding the AAT’s ability to consider new evidence:

1. Introduction of New Evidence: The AAT allows the introduction of new evidence that is relevant to the issues being reviewed. This can include documents, witness statements, expert opinions, and other forms of evidence that were not considered during the initial decision-making process.
2. Relevance and Materiality: The new evidence must be both relevant and material to the issues in the case. In other words, it should directly pertain to the factors that the AAT needs to consider when reviewing the decision. The AAT has the discretion to determine whether the evidence meets these criteria.
3. Exceptional Circumstances: While the AAT generally allows the introduction of new evidence, it is essential to note that there may be exceptional circumstances where the AAT may limit or refuse the introduction of new evidence. Such circumstances might include undue delay in submitting the evidence or where the evidence is not credible or reliable.
4. Procedural Fairness: The AAT is committed to ensuring procedural fairness in its proceedings. This includes providing all parties with an opportunity to respond to any new evidence introduced during the review. If new evidence is presented, the AAT typically allows the other parties to comment on it and may adjourn the hearing or proceeding to consider the new evidence thoroughly.
5. Weight and Consideration: While the AAT may consider new evidence, it is up to the AAT members to determine the weight and significance of that evidence in the overall decision-making process. They will consider all the evidence presented, both old and new, in reaching their decision.
6. Reasons for New Evidence: The introduction of new evidence often occurs when there are significant developments or changes in circumstances that were not present at the time of the original decision. Applicants and their legal representatives should explain why the new evidence is relevant and why it was not available or considered earlier.

In summary, the AAT generally has the flexibility to consider new evidence during its reviews, but it does so within the framework of ensuring fairness and relevance. Parties involved in AAT proceedings should work closely with their legal representatives to properly introduce and address new evidence to support their case.