Short, Simple and Interesting FAQs
On 16 December 2022, Attorney-General Mark Dreyfus announced the federal government’s plan to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new administrative review body. The reasons for the proposed abolition were that the AAT had become too politicized through politically motivated appointments of AAT members, which rendered the tribunal dysfunctional. This … Read more
An Administrative Appeals Tribunal (AAT) directions hearing is a procedural step in the AAT review process that serves several important purposes. In general, directions hearings are held to deal with issues relating to the progress of an application including any failure to comply with requirements to lodge documents or other material; access to documents required to … Read more
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. … Read more
In Australia, the Administrative Appeals Tribunal (AAT) does not possess the full scope of judicial power that is typically associated with the judiciary, such as the power to make final determinations on matters of law and fact in the same manner as a court. Instead, the AAT exercises what is often referred to as “quasi-judicial” … Read more
The decisions of the Administrative Appeals Tribunal (AAT) are generally binding on the government agency or department that made the original decision being reviewed. This means that once the AAT issues a decision, the government agency is legally obligated to comply with that decision. However, there are some important considerations to keep in mind regarding … Read more
Yes, in Australia, the Federal Court has the authority to review decisions made by the Administrative Appeals Tribunal (AAT) under certain circumstances. This process is known as judicial review, and it allows individuals or organizations dissatisfied with the outcome of an AAT decision to seek a review of that decision by the Federal Court. Here … Read more
Yes, the Australian Government is undertaking a significant reform of its administrative review system, with the primary goal of improving its user-friendliness, efficiency, accessibility, independence, and fairness. The key aspects of this reform include: Abolishing the Administrative Appeals Tribunal (AAT): The AAT will be disbanded and replaced with a new federal administrative review body. Transparent … Read more
The Administrative Appeals Tribunal (AAT) is an independent body in Australia, that reviews decisions made by government departments and agencies. The AAT hears a wide range of cases across various areas of administrative decision-making. The most common types of cases heard at the AAT include: child support farm household support Commonwealth workers’ compensation family assistance, … Read more