In Australia, there are time limits for applying to the Administrative Appeals Tribunal (AAT) for certain types of cases. These time limits are often referred to as “time limits for lodging an application” and are outlined in the legislation that governs the specific area of law related to the case.
The time limits can vary depending on the type of decision being appealed and the relevant legislation. For example:
- Migration and Visa Appeals: In migration cases, there is usually a strict time limit within which an appeal must be lodged with the AAT. This time limit is usually 28 days from the date of the decision being appealed.
- 28 days if you are not in immigration detention
- 7 working days if you are in immigration detention
- 9 days after the day on which you were notified of the decision if you are applying for a review of a decision to:
- to refuse or cancel a visa under Section 501
- to not revoke the mandatory cancellation of a visa under section 501CA.
- you are the visa applicant or person whose visa has been cancelled, and you are in Australia
- Child Support: There is a time limit for most Child Support decisions but not all of them. You can check the decision letter to find out if there is a time limit and what the limit is.
- Care percentage decisions: There is no time limit to apply for a first review of a Child Support objection decision about the percentage of care for a child. However, the decision might not be back-dated to an earlier date if you do not lodge the application within 28 days after receiving the Child Support objection decision (or 90 days if you live in a reciprocating jurisdiction).
- Other decisions: For a first review of other Child Support decisions you must lodge the application within 28 days after you receive the decision (or 90 days if you live in a reciprocating jurisdiction).
- Some Centrelink-related decisions: There are time limits for some Centrelink decisions and others have not. Even for those without time limits, you might not receive back payment if you do not apply within 13 weeks after being given notice of the Authorised Review Officer (ARO) or Subject Matter Expert (SME) decision. You will have to check the Centrelink decision letter to find out whether or not there is a time limit to it. A few with time limits are listed below.
- Family assistance decisions: You must lodge the application within 13 weeks after you receive the ARO or SME decision. However, there is no time limit if you receive family assistance payments by installment or if the decision is about a family assistance debt.
- Paid Parental Leave decisions as a claimant: You must lodge the application within 28 days after you receive the ARO or SME decision.
- Paid Parental Leave decisions as an employer: You must lodge the application within 14 days after the date of the ARO or SME decision.
- Student assistance decisions, including ABSTUDY debt decisions: You must lodge the application within 3 months after the date of the ARO or SME decision.
- Social Security Appeals: For appeals related to social security decisions, the time limit is generally 13 weeks from the date of the decision.
- Veterans’ entitlements and military compensation: You can check the decision letter to find out what the time limit is to lodge an application for review.
- Military compensation decisions: The time limit to apply for a review of a decision under the Military Rehabilitation and Compensation Act 2004 made by the Veterans’ Review Board is 3 months after you receive the decision. The time limit to apply for a review of a reconsideration decision made by the Military Rehabilitation and Compensation Commission under the Safety, Rehabilitation, and Compensation (Defence-related claims) Act 1988 is 60 days after you receive the decision.
- Veterans’ entitlements decisions: The time limit to apply for a review of most veterans’ entitlements decisions is 3 months after you receive the decision
- Taxation Appeals: In taxation cases, the time limit for lodging an appeal with the AAT can vary based on the specific tax issue being appealed.
- Citizenship: You must lodge an application for review within 28 days after you receive the decision from the Department of Home Affairs.
It’s crucial to be aware of the specific time limits that apply to your case. Failing to lodge an application within the prescribed time frame might result in your case being dismissed as “out of time.
For most decisions, you can apply to us to extend the time limit to lodge your application. You should apply in writing and include reasons why the application is late. You can do this by sending us an email or letter.
If you are considering lodging an appeal with the AAT, it’s recommended that you seek legal advice as soon as possible to ensure you understand the applicable time limits and to make sure your application is submitted within the required timeframe.