Appendix 4: Applications, outcomes, listings and appeals statistics
Table or Chart	Title	
A4.1	Applications lodged and applications finalised in 2013–14	
A4.2	Applications lodged, by state and territory	
A4.3	Applications finalised, by state and territory	
A4.4	Percentage of applications finalised without a hearing 	
A4.5	Outcomes of applications for review of a decision finalised in 2013–14	
A4.6	Applications current at 30 June 2014 – By state and territory 	
A4.7	Alternative dispute resolution processes, interlocutory hearings and hearings conducted by the Tribunal	
A4.8	Constitution of tribunals for hearings	
A4.9	Appeals against decisions of the Tribunal – By jurisdiction	
A4.10	Outcomes of appeals against Tribunal decisions – By jurisdiction	
Table A4.1	Applications lodged and applications finalised, 2013–14
	Applications lodged	Applications finalised	
	No	%	No	%	
APPLICATIONS FOR REVIEW OF DECISIONS — MAJOR JURISDICTIONS	
NATIONAL DISABILITY INSURANCE SCHEME	
Eligibility to access scheme	10		5		
Review of supports in participant plan	9		3		
Subtotal	19	< 1	8	< 1	
SOCIAL SECURITY	
Age pension/Pension bonus scheme	114		125		
Austudy payment	13		9		
Baby bonus	18		26		
Carer allowance and carer payment	54		51		
Compensation preclusion period	69		63		
Disability support pension	1,026		1,033		
Disaster recovery payment	5		12		
Family tax benefit	73		61		
Mobility allowance	11		9		
Newstart allowance	81		91		
Overpayments and debt recovery 	387		355		
Parenting payment	29		20		
Participation failure	28		30		
Rent assistance	17		14		
Special benefit	15		20		
Youth allowance	25		18		
Other	39		29		
Subtotal	2,004	28	1,966	29	
VETERANS’ AFFAIRS	
Military Rehabilitation and Compensation Act 2004	77		61		
Veterans’ Entitlements Act 1986 					
Disability pension	204		217		
Service pension/Income support supplement/Pension bonus	29		28		
Widows pension	61		58		
Other	3		6		
Subtotal	374	5	370	5	
WORKERS’ COMPENSATION	
Safety, Rehabilitation and Compensation Act 1988, by decision-maker	
Asciano Services	12		13		
Australian air Express Pty Limited	15		16		
Australian Postal Corporation	299		280		
BIS Industries Limited	13		14		
Comcare	511		429		
Commonwealth Bank of Australia and related companies	35		39		
John Holland Group Pty Limited and related companies	18		18		
K & S Freighters Pty Limited	31		24		
Linfox Armaguard Pty Limited/
Linfox Australia Pty Limited	136		106		
Military Rehabilitation and Compensation Commission	139		157		
National Australia Bank Limited/National Wealth Management Services Limited	29		36		
Optus Administration Pty Limited	10		7		
Prosegur Australia Pty Limited	3		13		
Telstra Corporation Limited	92		77		
TNT Australia Pty Limited	28		25		
Transpacific Industries Pty Limited	31		34		
Other decision-makers	20		15		
Seafarers Rehabilitation and Compensation Act 1992	85		50		
Subtotal	1,507	21	1,353	20	
TAXATION	
Taxation Appeals Division	
Australian Business Number	3		2		
Excess contributions tax 	9		16		
Fringe benefits tax	46		41		
Goods and services tax	103		169		
Income tax (other than tax schemes)	1,503		1,210		
Income tax (tax schemes)	1		1		
Private rulings	24		43		
Self-managed superannuation fund regulation	4		10		
Superannuation contributions surcharge 	1		2		
Superannuation guarantee charge	59		68		
Taxation administration	14		12		
Other	31		17		
Subtotal	1,798	25	1,591	24	
Small Taxation Claims Tribunal					
Goods and services tax	3		2		
Income tax	120		125		
Refusal of extension of time to lodge objection	19		24		
Release from taxation liabilities	72		89		
Superannuation guarantee charge	3		2		
Other	2		0		
Subtotal	219	3	242	4	
Subtotal 	2,017	28	1,833	27	
SUBTOTAL for major jurisdictions	5,921	82	5,530	82	
	
APPLICATIONS FOR REVIEW OF DECISIONS — BY PORTFOLIO	
AGRiCULTURE, FISHERIES AND forestry					
Agricultural and veterinary chemicals	6		1		
Fisheries	0		1		
Meat and livestock	1		1		
Research participation certificates for Conservation Tillage Refundable Tax Offset	2		0		
Subtotal	9	< 1	3	< 1	
Attorney-General’s					
Access to National Library of Australia and its collection	1		1		
Background checking	9		9		
Bankruptcy	23		20		
Human rights	1		0		
Marriage celebrants	4		3		
Personal property securities	2		2		
Protection of movable cultural heritage	0		1		
Waiver of fees in courts	4		3		
Subtotal	44	< 1	39	< 1	
Defence					
Defence Force retirement and death benefits	4		4		
Other	8		5		
Subtotal	12	< 1	9	< 1	
Education 	
Child care services	3		3		
Education services for overseas students	17		18		
Higher education loan program	46		37		
Tertiary education quality and standards	4		1		
Subtotal	70	< 1	59	< 1	
EMPLOYMENT	
Fair entitlements guarantee	9		6		
Subtotal	9	< 1	6	< 1	
ENVIRONMENT	
Carbon farming initiative	3		1		
Environment protection and biodiversity	1		1		
Great Barrier Reef Marine Park	2		0		
Hazardous waste	1		1		
Subtotal	7	< 1	3	< 1	
Finance	
Electoral matters	4		1		
Lands acquisition	1		1		
Superannuation Acts	1		1		
Subtotal	6	< 1	3	< 1	
FOREIGN AFFAIRS AND TRADE 	
Export market development grants	8		8		
Passports	8		10		
Subtotal	16	< 1	18	< 1	
HEALTH	
Industrial chemicals	0		1		
Medicare	4		3		
Pharmacists	7		9		
Sports anti-doping	3		0		
Therapeutic goods	8		8		
Subtotal	22	< 1	21	< 1	
HUMAN SERVICES 	
Child support – percentage of care review	34		31		
Child support – review of SSAT refusal to extend time	8		5		
Child support – other	19		19		
Subtotal	61	< 1	55	< 1	
IMMIGRATION AND BORDER PROTECTION	
Business visa cancellation	1		0		
Citizenship	263		203		
Customs	47		25		
Migration agent registration	5		10		
Prohibited imports and exports	0		1		
Protection visa cancellation or refusal	5		0		
Visa cancellation or refusal on character grounds 	33		45		
Subtotal	354	5	284	4	
INDUSTRY	
Automotive industry	1		0		
Industry research and development	2		2		
Mutual recognition of occupations	3		5		
National measurement system	0		1		
National vocational education and training	34		58		
Patents, designs and trade marks	1		4		
Trans-Tasman mutual recognition	0		1		
Subtotal	41	< 1	71	1	
INFRASTRUCTURE AND REGIONAL DEVELOPMENT	
Airports regulation	1		1		
Aviation and maritime transport security	3		4		
Civil aviation 	58		50		
Coastal trading regulation	2		1		
Maritime safety	1		1		
Motor vehicle standards	11		10		
National land decisions	1		0		
Subtotal	77	1	67	< 1	
PRIME MINISTER AND CABINET	
Aboriginal corporations, councils and associations	0		1		
Subtotal 	0	0	1	< 1	
SOCIAL SERVICES	
Aged care	30		10		
Disability services	2		1		
National rental affordability scheme	1		1		
Paid parental leave	15		18		
Subtotal 	48	< 1	30	< 1	
TREASURY	
Auditors and liquidators registration	3		3		
Business names registration	14		11		
Consumer credit regulation	8		9		
Corporations and financial services regulation	18		24		
Insurance and superannuation regulation	4		2		
Tax agent registration	28		25		
Subtotal 	75	1	74	1	
SUBTOTAL FOR PORTFOLIOS	851	12	743	11	
	
APPLICATIONS FOR REVIEW OF DECISIONS — OTHER 	
SECURITY APPEALS	
ASIO security assessments	6		8		
Decisions of National Archives of Australia relating to ASIO records	4		3		
Subtotal	10	< 1	11	< 1	
WHOLE OF GOVERNMENT	
Archives Act 1983	26		8		
Freedom of Information Act 1982	35		35		
Subtotal	61	< 1	43	< 1	
JURISDICTION AND TRIBUNAL DECISIONS	
Decisions not subject to review by the Tribunal 	189		195		
Review of decisions relating to fees	8		8		
Review of decisions relating to taxation of costs	0		1		
Subtotal	197	3	204	3	
SUBTOTAL FOR OTHER	268	4	258	4	
					
APPLICATIONS — OTHER, ADMINISTRATIVE APPEALS TRIBUNAL ACT 	
Applications for extension of time to lodge an application for review of a decision	222		216		
Applications under the AAT Act relating to a finalised case	1		1		
Subtotal	223	3	217	3	
					
APPLICATIONS — NORFOLK ISLAND					
	0		0		
Subtotal	0	0	0	0	
					
TOTALa 	7,263	100	6,748	100	
a	Percentages do not total 100% due to rounding.
Chart A4.2	Applications lodged – By state and territory

Chart A4.3	Applications finalised – By state and territory

Table A4.4	Percentage of applications finalised without a hearinga 
Jurisdiction	2011–12
%	2012–13
%	2013–14
%	
All	79	79	82	
Social security	77	76	77	
Veterans’ affairs	73	71	72	
Workers’ compensation	87	87	86	
Taxation				
Taxation Appeals Division	79	85	87	
Small Taxation Claims Tribunal	90	73	86	
a	Applications finalised by the Tribunal without it completing the review and giving a decision on the merits under section 43 of the AAT Act. Includes applications finalised in accordance with terms of agreement lodged by the parties (sections 34D and 42C), applications withdrawn by the applicant (section 42A(1A)) and applications dismissed by the Tribunal (sections 42A and 42B).
Table A4.5	Outcomes of applications for review of a decision finalised in 2013–14
	All applications	Social security 	Veterans’ affairs	Workers’
compensation	Taxation	
					Taxation Appeals Division	Small Taxation Claims Tribunal	
	No	%	No	%	No	%	No	%	No	%	No	%	
By consent or withdrawn													
Decision affirmeda 	435	7	8	< 1	4	 1	406	30	10	< 1	7	3	
Decision varieda 	632	10	25	1	21	6	60	4	465	29	51	21	
Decision set asidea 	1,294	20	313	16	94	25	314	23	379	24	80	33	
Dismissed by consentb	91	1	26	1	2	< 1	14	1	28 	2	0	0	
Dismissed by operation of lawc	228	3	228	12	0	0	0	0	0	0	0	0	
Withdrawn by applicant	1,944	30	700	36	132	36	318	24	423	27	64	26	
Subtotal	4,624	71	1,300	66	253	68	1,112	82	1,305	82	202	83	
By decision													
Decision affirmedd 	864	13	357	18	76	20	133	10	129	8	30	12	
Decision variedd	71	1	19	< 1	2 	< 1	6	 < 1	33	2	1	< 1	
Decision set asided 	272	4	73	4	25	7	56	4	45	3	3	1	
Subtotal	1,207	18	449	23	103	28	195	14	207	13	34	14	
Other													
Dismissed by Tribunale	208	3	100	5	8	2	13	< 1	45	3	1	< 1	
No jurisdictionf	278	4	32	2	4	1	24	2	13	< 1	3	1	
Extension of time refused 	104	2	76	4	1	< 1	5	< 1	2	< 1	0	0	
No application fee paid	89	1	0	< 1	1	< 1	0	0	16	1	1	< 1	
Otherg	21	< 1	9	< 1	0	0	4	< 1	10	< 1	1	< 1	
Subtotal	700	11	217	11	14	4	46	3	79	5	6	2	
TOTALh	6,531	100	1,966	100	370	100	1,353	100	1,591	100	242	100	
a	Applications finalised by the Tribunal in accordance with terms of agreement reached by the parties either in the course of an alternative dispute resolution process (section 34D of the AAT Act) or at any stage of review proceedings (section 42C).
b	Applications dismissed by consent under section 42A(1) of the AAT Act.
c	If an application in the family assistance and social security area relates to the recovery of a debt, the parties may agree in writing to settle the proceedings. On receipt of the agreement, the application is taken to have been dismissed: section 146 of the A New Tax System (Family Assistance) (Administration) Act 1999, section 182 of the Social Security (Administration) Act 1999, and section 326A of the Student Assistance Act 1973.
d	Applications finalised by a decision of the Tribunal under section 43 of the AAT Act.
e	Applications dismissed under section 42A(2) of the AAT Act (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the Tribunal) and section 42B(1) (application is frivolous or vexatious).
f	Applications in relation to which the Tribunal has determined it does not have jurisdiction or dismissed under section 42A(4) of the AAT Act on the basis that the applicant has failed to demonstrate that a decision is reviewable.
g	Includes applications for review of a decision that have been lodged out of time and in relation to which no extension of time application is subsequently received.
h	Percentages do not total 100% due to rounding.
Chart A4.6	Applications current at 30 June 2014 – By state and territory

Table A4.7	Alternative dispute resolution processes, interlocutory hearings and hearings conducted by the Tribunal
Event type	2011–12	2012–13	2013–14	
Conferences	6,761	7,606	7,636	
Case appraisals	4	3	3	
Conciliations	469	485	555	
Mediations	49	42	39	
Neutral evaluations	39	32	22	
Interlocutory hearingsa	373	437	524	
Hearings	993b	1,063b	1,083	
a	Includes hearings relating to the jurisdiction of the Tribunal and hearings relating to applications for orders of the following kind:
–	to extend the time to lodge an application for review
–	to be joined as a party to a proceeding
–	to make a confidentiality order under section 35 of the AAT Act
–	to stay the operation or implementation of a reviewable decision
–	to dismiss an application
–	to reinstate an application.
b	The figures for the number of hearings conducted by the Tribunal in 2011–12 and 2012–13 differ from those that appeared in the annual reports for those years. A technical issue led to some hearings not being counted in the reports for those years.
Table A4.8	Constitution of tribunals for hearings
Tribunal type	2011–12a	2012–13a	2013–14	
	No	%	No	%	No	%	
Judge alone	3	< 1	0	0	3	< 1	
Judge with 1 other member 	7	< 1	8	< 1	4	< 1	
Judge with 2 other members	2	< 1	1	< 1	3	< 1	
Deputy President alone	144	15	187	18	242	22	
Deputy President with 1 other member 	51	5	51	< 1	29	3	
Deputy President with 2 other members	4	< 1	2	< 1	0	0	
Senior Member alone	488	49	469	44	491	45	
Senior Member with 1 other member	95	10	93	9	56	5	
Senior Member with 2 other members	0	0	2	< 1	1	< 1	
Member alone	187	19	239	22	243	22	
Two Members	12	1	11	1	11	1	
Three Members	0	0	0	0	0	0	
Totalb	993	100	1,063	100	1,083	100	
Total multi-member tribunals	171	17	168	16	104	10	
a	The figures for the number of hearings conducted by the Tribunal in 2011–12 and 2012–13 differ from those that appeared in the annual reports for those years. A technical issue led to some hearings not being counted in the reports for those years.
b	Percentages do not total 100% due to rounding.
Table A4.9	Appeals against decisions of the Tribunal – By jurisdiction
Jurisdiction	2011–12	2012–13	2013–14	
	Section 44a	Otherb	Section 44a	Otherb 	Section 44a	Otherb	
Social security	11	1	8	0	19	1	
Veterans’ affairs	10	0	8	1	11	0	
Workers’ compensation	18	1	17	2	24	2	
Taxation							
Taxation Appeals Division	17	1	22	4	18	0	
Small Taxation Claims Tribunal	0	0	0	0	0	0	
Immigration and citizenship	7	14	4	21	6	7	
Other	12	2	13	2	18	1	
Total 	75	19	72	30	96	11	
a	Appeals lodged in the Federal Court under section 44 of the AAT Act. In some circumstances, a party may lodge an application seeking relief under section 44 of the AAT Act and under another enactment. These applications are treated as section 44 appeals for statistical purposes.
b	Applications for judicial review made under other enactments, including the Administrative Decisions (Judicial Review) Act 1977, the Judiciary Act 1903, Part 8 of the Migration Act 1958 and section 75(v) of the Constitution.
Table A4.10	Outcomes of appeals against Tribunal decisions – By jurisdiction
Outcome	2011–12	2012–13	2013–14	
	Section 44	Other	Section 44	Other	Section 44	Other	
SOCIAL SECURITY	
Allowed/Remitted	1	0	4	0	4	0	
Dismissed	10	2	6	0	13	0	
Discontinued	2	0	1	0	1	0	
Subtotal	13	2	11	0	18	0	
VETERANS’ AFFAIRS	
Allowed/Remitted	6	0	5	0	5	0	
Dismissed	9	1	3	1	6	0	
Discontinued	0	0	0	0	0	0	
Subtotal	15	1	8	1	11	0	
WORKERS’ COMPENSATION	
Allowed/Remitted	6	0	9	0	10	1	
Dismissed	16	0	9	1	14	1	
Discontinued	4	0	1	0	3	0	
Subtotal	26	0	19	1	27	2	
TAXATION	
Taxation Appeals Division	
Allowed/Remitted	7	1	7	1	6	1	
Dismissed	5	1	11	1	11	0	
Discontinued	5	0	3	0	1	0	
Subtotal	17	2	21	2	18	1	
Small Taxation Claims Tribunal	
Allowed/Remitted	0	0	0	0	0	0	
Dismissed	0	0	0	0	0	0	
Discontinued	0	0	0	0	0	0	
Subtotal	0	0	0	0	0	0	
Subtotal	17	2	21	2	18	1	
IMMIGRATION AND CITIZENSHIP	
Allowed/Remitted	1	3	1	9	0	3	
Dismissed	6	9	2	12	3	11	
Discontinued	1	2	2	1	1	1	
Subtotal	8	14	5	22	4	15	
OTHER	
Allowed/Remitted	4	0	2	0	3	1	
Dismissed 	8	3	7	2	14	1	
Discontinued	4	0	0	0	2	0	
Subtotal	16	3	9	2	19	2	
TOTAL	95	22	73	28	97	20	
							
ALL							
Allowed/Remitted	25	4	28	10	28	6	
Dismissed	54	16	38	17	61	13	
Discontinued	16	2	7	1	8	1	
TOTAL	95	22	73	28	97	20	
a	Where a decision of a judge of the Federal Circuit Court, a single judge of the Federal Court or the Full Court of the Federal Court has been appealed, only the ultimate result is counted for the purpose of these statistics.