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. … Read more

Does the AAT have judicial power?

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

Can the Federal Court review AAT decisions?

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

Can the AAT make a decision without a hearing?

Yes, there are certain situations where the AAT may decide not to conduct a formal hearing and instead make a decision based on the written submissions and information available. Here are the specific circumstances in which the AAT might make a decision without a hearing: Jurisdiction: If the AAT determines that it does not have … Read more

How successful are AAT appeals?

The success rate of appeals to the Administrative Appeals Tribunal (AAT) in Australia, as well as in other countries with similar administrative review bodies, can vary widely depending on several factors, including the nature of the case, the quality of the evidence presented, and the legal arguments made. It’s essential to understand that each case … Read more

Is the AAT being abolished?

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

What are the most common cases heard at the AAT?

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