In Australia, if you wish to request written reasons for a decision made by the Administrative Appeals Tribunal (AAT), you have 28 days from the date of the decision to make this request. This 28-day period is outlined in section 28 of the Administrative Appeals Tribunal Act 1975 (Cth) and is a standard timeframe for requesting written reasons for AAT decisions.
It’s important to note the following regarding the request for written reasons:
- Request Deadline: As mentioned, you have 28 days from the date of the decision to request written reasons. It is essential to adhere to this deadline to ensure that your request is considered.
- Purpose of Request: Requesting written reasons can help you better understand the AAT’s decision-making process, including the rationale behind the decision. This information can be valuable if you are considering further action, such as an appeal or judicial review.
- Contacting the AAT: To request written reasons, you should contact the AAT in writing. It’s advisable to use a formal written request, which may include a letter or email, specifying the decision you are seeking reasons for and providing any necessary identifying information.
- Response Time: Once you have requested written reasons, the AAT is required to provide them within a reasonable time. The AAT aims to provide written reasons promptly, but the specific timeline may vary depending on the complexity of the case and the workload of the tribunal.
- Legal Representation: If you are represented by legal counsel, your lawyer can assist with the request for written reasons and help you interpret the information provided.
- Importance of Written Reasons: Written reasons can be crucial in understanding the basis of the decision and assessing whether there are grounds for further action. They can also serve as a foundation for any potential appeals or judicial reviews.
If you have missed the 28-day deadline for requesting written reasons, it is still advisable to contact the AAT as soon as possible to inquire about the possibility of obtaining the reasons. While the deadline is set by law, the AAT may consider requests made after the deadline on a case-by-case basis.
To ensure compliance with current laws and procedures and to get specific guidance on requesting written reasons for an AAT decision, it is recommended to refer to the AAT’s official website or contact the AAT directly for the most up-to-date information and instructions.