Appendix 3: Applications, outcomes, listings and appeals statistics 

Table or chart 	Title 	
A3.1	Applications lodged and applications finalised in 2009–10	
A3.2	Applications lodged, by state and territory	
A3.3	Applications finalised, by state and territory	
A3.4	Percentage of applications finalised without a hearing 	
A3.5	Outcomes of applications for review of a decision finalised in 2009–10	
A3.6	Applications current, by state and territory at 30 June	
A3.7	Alternative dispute resolution processes, interlocutory hearings and hearings conducted by the Tribunal	
A3.8	Constitution of tribunals for hearings	
A3.9	Appeals from decisions of the Tribunal by jurisdiction	
A3.10	Appeals from decisions of the Tribunal — outcomes of appeals determined	
A3.11	Appeals from decisions of the Tribunal — outcomes of appeals determined by jurisdiction	
This statistical information on different aspects of the Tribunal’s workload for 2009–10 includes some data for earlier years for comparative purposes.

Table A3.1 provides detailed information on the types of applications lodged with, and applications finalised by, the Tribunal in 2009–10. Information for the Tribunal’s major jurisdictions is followed by information on other applications grouped by Australian Government portfolio.
Table A3.1	Applications lodged and applications finalised in 2009–10 
	Applications lodged	Applications finalised	
	No	%	No	%	
APPLICATIONS FOR REVIEW OF A DECISION — MAJOR JURISDICTIONS	
Social security	
Age pension/Pension bonus scheme	205		207		
Austudy payment	19		19		
Baby bonus	24		24		
Carer allowance and carer payment	62		79		
Compensation preclusion period	74		67		
Disability support pension	567		580		
Disaster recovery payment	5		6		
Economic security strategy payment	38		76		
Family tax benefit	110		96		
Farm household support	3		10		
Newstart Allowance	262		384		
Overpayments and debt recovery 	506		568		
Parenting payment	63		66		
Pensioner education supplement	11		9		
Rent assistance	22		20		
Special benefit	5		8		
Youth allowance	40		39		
Other	61		64		
Subtotal	2,077	36	2,322	31	
Veterans’ affairs					
Military Rehabilitation and Compensation Act 2004	23		32		
Veterans’ Entitlements Act 1986 					
Disability pension	285		391		
Service pension/Income support supplement/Pension bonus	83		53		
Widows pension	91		132		
Other	9		12		
Subtotal	491	8	620	8	

Workers’ compensation	
Safety, Rehabilitation and Compensation Act 1988, by decision-maker		
Australian Postal Corporation	179		269		
Comcare	511		634		
Commonwealth Bank of Australia	21		10		
Linfox Armaguard Pty Limited/
Linfox Australia Pty Limited	50		57		
Military Rehabilitation and Compensation Commission	135		191		
National Australia Bank Limited	34		26		
Optus Administration Pty Limited	12		25		
Telstra Corporation Limited	144		143		
Other decision-makers	92		38		
Seafarers Rehabilitation and Compensation Act 1992	48		51		
Subtotal	1,226	21	1,444	19	
Taxation					
Taxation Appeals Division	
Australian Business Number	1		2		
Fringe benefits tax	19		19		
Goods and services tax	99		109		
Income tax (other than tax schemes)	712		644		
Income tax (tax schemes)	34		1,109		
Self-managed superannuation fund regulation	16		0		
Superannuation guarantee charge	16		28		
Taxation administration	13		9		
Other	84		88		
Subtotal	994	17	2,008	27	
Small Taxation Claims Tribunal					
Fringe benefits tax	0		0		
Goods and services tax	2		2		
Income tax (other than tax schemes)	27		34		
Income tax (tax schemes)	0		1		
Refusal of extension of time to lodge objection	14		20		
Release from taxation liabilities	9		34		
Superannuation guarantee charge	4		7		
Other	3		0		
Subtotal	59	1	98	1	
Subtotal 	1,053	18	2,106	28	
SUBTOTAL for major jurisdictions	4,847	84	6,492	87	
					
APPLICATIONS FOR REVIEW OF A DECISION — BY PORTFOLIO	
Agriculture, Fisheries and Forestry				
Agricultural and veterinary chemicals	1		1		
Subtotal	1	<1	1	<1	
Attorney-General’s					
Background checking	7		6		
Bankruptcy	26		22		
Customs	32		45		
Human rights	1		0		
Marriage celebrants	5		1		
Waiver of fees in courts	2		1		
Subtotal	73	1	75	1	
Broadband, Communications and the Digital Economy	
Communications and media 	1		4		
Subtotal	1	<1	4	<1	
Climate Change and Energy Efficiency					
Renewable energy	2		1		
Subtotal	2	<1	1	<1	
Defence					
Defence Force retirement and death benefits	4		12		
Employer support payments	2		1		
Other	8		4		
Subtotal	14	<1	17	<1	
Education, Employment and Workplace Relations 	
Child care services	2		1		
Disability services	2		2		
Education services for overseas students	1		0		
Higher education funding	37		33		
Mutual recognition of occupations	6		7		
Occupational health and safety	1		0		
Subtotal	49	<1	43	<1	
Environment, Water, Heritage and the Arts 	
Environment protection and biodiversity	7		3		
Great barrier reef marine park	1		1		
Protection of movable cultural heritage	1		1		
Tax offsets for films	3		1		
Subtotal	12	<1	6	<1	
Families, Housing, Community Services and Indigenous Affairs	
Aboriginal corporations	1		3		
Subtotal	1	<1	3	<1	
Finance and Deregulation 	
Electoral matters	3		0		
Subtotal	3	<1	0	0	
Foreign Affairs and Trade 	
Export market development grants	8		9		
Passports	11		8		
Subtotal	19	<1	17	<1	
Health and Ageing 	
Aged care	15		16		
Medicare and other health decisions	4		9		
Pharmacists	13	 	15	 	
Sports anti-doping	1		0		
Therapeutic goods	6	 	9	 	
Subtotal	39	<1	49	<1	
Human Services 	
Child support	70		57		
Subtotal	70	1	57	<1	
Immigration and Citizenship 	
Business visa cancellation	16		22		
Citizenship	236		201		
Migration agent registration	3		3		
Protection visa cancellation or refusal	1		4		
Visa cancellation or refusal on character grounds 	49		57		
Subtotal	305	5	287	4	
Infrastructure, Transport, Regional Development and Local Government	
Airports 	1		0		
Aviation and maritime transport security	1		4		
Civil aviation 	27		14		
Maritime safety	0		1		
Motor vehicle standards	24		17		
Subtotal	53	<1	36	<1	
Innovation, Industry, Science and Research 	
Automotive industry	0		1		
Industry research and development	17		8		
Patents, designs and trademarks	5		3		
Textiles, clothing and footwear	0		2		
Venture capital	1		0		
Subtotal	23	<1	14	<1	
Treasury 	
Auditors and liquidators registration	0		3		
Corporations and financial services regulation	25		34		
Insurance and superannuation regulation	0		6		
Tax agent registration	12		16		
Subtotal	37	<1	59	<1	
SUBTOTAL for portfolios	702	12	669	9	
					
APPLICATIONS FOR REVIEW OF A DECISION — OTHER	
Security appeals					
ASIO assessments	6		0		
Decisions of National Archives of Australia relating to ASIO records	0		6		
Subtotal	6	<1	6	<1	
Whole of government					
Archives Act 1983	1		1		
Freedom of Information Act 1982	110		139		
Subtotal	111	2	140	2	
Case management and Tribunal decisions	
No jurisdiction/Uncertain jurisdiction	60		79		
Review of decision relating to fees	5		5		
Subtotal	65	1	84	1	
SUBTOTAL for other	182	3	230	3	
					
OTHER APPLICATIONS UNDER THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975	
Application for extension of time to lodge an application for review of a decision	55		56		
Other	1		0		
Subtotal	56	<1	56	<1	
TOTALa 	5,787	100	7,447	100	
a	Percentages do not total 100% due to rounding.

Chart A3.2	Applications lodged, by state and territory

0

250

500

750

1,000

1,250

1,500

1,750

2,000

2,250

2007–08

2,116

1,645

977

486

513

153

392

30

2008–09

1,977

1,585

1,067

457

531

165

419

25

2009–10

2005

1502

907

445

379

120

419

10

NSW

Vic

Qld

SA

WA

Tas

ACT

NT

Chart A3.3	Applications finalised, by state and territory

0

250

500

750

1,000

1,250

1,500

1,750

2,000

2,250

2,500

2007–08

2,035

1,739

1,192

773

915

193

359

31

2008–09

2,165

1,803

1,167

516

944

155

456

25

2009–10

2040

1824

1114

500

1358

145

448

18

NSW

Vic

Qld

SA

WA

Tas

ACT

NT

Table A3.4	Percentage of applications finalised without a hearingª
Jurisdiction	2007–08
%	2008–09
%	2009–10
%	
All	79	81	82	
Social security	70	76	77	
Veterans’ affairs	75	74	75	
Workers’ compensation 	85	85	85	
Taxation 				
Taxation Appeals Division	91	89	92	
Small Taxation Claims Tribunal	72	84	95	
a	Applications finalised by the Tribunal without it completing the review and giving a decision on the merits under section 43 of the Administrative Appeals Tribunal Act. Includes applications finalised in accordance with terms of agreement lodged by the parties (ss 34D and 42C), applications withdrawn by the applicant (subs 42A(1A)) and applications dismissed by the Tribunal (ss 42A and 42B). 

Table A3.5	Outcomes of applications for review of a decision finalised in 2009–10	
	All applications	Veterans’ affairs	Social security	Workers’
compensation	Taxation 	
					Taxation Appeals Division	Small Taxation Claims Tribunal	
	No	%	No	%	No	%	No	%	No	%	No	%	
By consent or withdrawn													
Decision affirmeda 	343	5	12	2	21	<1	288	20	11	<1	1	1	
Decision varieda 	1,332	18	43	7	27	1	63	4	1,178	59	12	12	
Decision set asidea 	1,477	20	158	25	455	20	487	34	208	10	31	32	
Dismissed by consentb	57	<1	3	<1	27	1	9	<1	5	<1	1	1	
Dismissed by operation of lawc	397	5	0	–	393	17	2	<1	1	<1	0	–	
Withdrawn by applicant	1,809	24	236	38	608	26	344	24	345	17	43	44	
Subtotal	5,415	73	452	73	1,531	66	1,193	83	1,748	87	88	90	
													
By decision													
Decision affirmedd 	857	12	109	18	393	17	146	10	85	4	1	1	
Decision variedd	106	1	4	<1	33	1	5	<1	32	2	0	–	
Decision set asided 	355	5	41	7	113	5	62	4	36	2	4	4	
Subtotal	1,318	18	154	25	539	23	213	15	153	8	5	5	
													
Other													
Dismissed by Tribunale	318	4	7	1	179	8	13	<1	68	3	4	4	
No jurisdictionf	161	2	5	<1	22	<1	15	1	17	<1	1	1	
Extension of time refused 	62	<1	1	<1	37	2	4	<1	0	–	0	–	
No application fee paid	84	1	0	–	0	–	0	–	22	1	0	–	
Otherg	33	<1	1	<1	14	<1	6	<1	0	–	0	–	
Subtotal	658	9	14	2	252	11	38	3	107	5	5	5	
													
Totalh	7,391	100	620	100	2,322	100	1,444	100	2,008	100	98	100	
a	Applications finalised by the Tribunal in accordance with the terms of agreement reached by the parties either in the course of an alternative dispute resolution process (s 34D of the Administrative Appeals Tribunal Act) or at any stage of review proceedings (s 42C).
b	Applications dismissed by consent under subsection 42A(1) of the Administrative Appeals Tribunal 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 182 of the Social Security (Administration) Act 1999, section 146 of the A New Tax System (Family Assistance) (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 Administrative Appeals Tribunal Act.
e	Applications dismissed under subsection 42A(2) of the Administrative Appeals Tribunal Act (non-appearance at a case event), subsection 42A(5) (failure to proceed with an application or to comply with a direction of the Tribunal) and subs 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 subsection 42A(4) of the Administrative Appeals Tribunal 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 A3.6	Applications current, by state and territory at 30 June

0

250

500

750

1,000

1,250

1,500

1,750

2,000

2,250

2,500

2007–08

1,958

1,651

827

432

1,824

110

374

15

2008–09

1,795

1,438

721

374

1,407

117

308

19

2009–10

1730

1136

504

324

468

89

271

10

NSW

Vic

Qld

SA

WA

Tas

ACT

NT

Table A3.7	Alternative dispute resolution processes, interlocutory hearings and hearings conducted by the Tribunal
Event type	2007–08	2008–09	2009–10	
Conferences	9,668	8,886	8,265	
Case appraisals	10	8	8	
Conciliations	504	529	507	
Mediations	56	55	46	
Neutral evaluations	24	49	49	
Interlocutory hearingsa	470	613	497	
Hearings	1,413	1,300	1,277	
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 Administrative Appeals Tribunal Act
– to stay the operation or implementation of a reviewable decision
– to dismiss an application
– to reinstate an application.

Table A3.8	Constitution of tribunals for hearings
Tribunal type			2007–08	2008–09	2009–10	
	No.	%	No.	%	No.	%	
Judge alone	7	<1	1	<1	3	<1	
Judge with 1 other member 	7	<1	10	<1	4	<1	
Judge with 2 other members	3	<1	2	<1	1	<1	
Deputy President alone	158	11	186	14	175	14	
Deputy President with 1 other member 	53	4	51	4	62	5	
Deputy President with 2 other members	5	<1	3	<1	9	<1	
Senior Member alone	651	46	578	44	649	51	
Senior Member with 1 other member	131	9	145	11	167	13	
Senior Member with 2 other members	6	<1	2	<1	5	<1	
Member alone	358	25	290	22	178	14	
Two Members	33	2	32	2	22	2	
Three Members	1	<1	0	–	2	<1	
Totala	1,413	100	1,300	100	1,277	100	
Total multi-member tribunals	239	17	245	19	272	21	
a	Percentages do not total 100% due to rounding.

Table A3.9	Appeals against decisions of the Tribunal, by jurisdiction
Jurisdiction	2007–08	2008–09	2009–10	
	Section 44a	Otherb	Section 44 a	Otherb 	Section 44 a	Otherb	
Social security	25	0	20	1	16	0	
Veterans’ affairs	24	2	16	1	11	1	
Workers’ compensation	15	0	16	1	18	1	
Taxation							
Taxation Appeals Division	25	2	13	1	17	0	
Small Taxation Claims Tribunal	0	0	2	0	1	0	
Other	32	17	28	11	20	17	
Total 	121	21	95	15	83	19	
a	Appeals lodged in the Federal Court under section 44 of the Administrative Appeals Tribunal Act. In some circumstances, a party may lodge an application seeking relief under section 44 of the Administrative Appeals Tribunal 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 A3.10	Appeals against decisions of the Tribunal — outcomes of appeals determined a
Outcome	2007–08 b	2008–09	2009–10	
	Section 44	Other	Section 44	Other	Section 44	Other	
Allowed/Remitted	50	4	32	4	30	5	
Dismissed	67	11	55	12	59	9	
Discontinued	25	2	19	–	18	4	
Total	142	17	106	16	107	18	
a	Where a decision of a Federal Magistrate, 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.
b	Figures for 2007–08 differ from those given in the Administrative Appeals Tribunal Annual Report 2007–08. An audit revealed that a number of records had not been included or had been incorrectly classified in the figures for that reporting year.

Table A3.11	Appeals from decisions of the Tribunal — outcomes of appeals determined, by jurisdiction
Outcome	2007–08 a	2008–09	2009–10	
	Section 44	Other	Section 44	Other	Section 44	Other	
Social security							
Allowed/Remitted	6	0	6	0	4	0	
Dismissed	19	0	14	0	19	0	
Discontinued	5	0	4	0	2	1	
Subtotal	30	0	24	0	25	1	
Veterans’ affairs							
Allowed/Remitted	13	0	8	0	7	1	
Dismissed	9	1	14	0	7	0	
Discontinued	2	0	1	0	1	0	
Subtotal	24	1	23	0	15	1	
Workers’ compensation					
Allowed/Remitted	11	0	8	0	3	0	
Dismissed	10	2	2	1	8	0	
Discontinued	4	0	6	0	6	1	
Subtotal	25	2	16	1	17	1	
Taxation						
Taxation Appeals Division						
Allowed/Remitted	11	0	2	0	7	0	
Dismissed	12	0	7	1	9	0	
Discontinued	6	1	2	0	4	0	
Subtotal	29	1	11	1	20	0	
Small Taxation Claims Tribunal	
Allowed/Remitted	0	0	0	0	0	0	
Dismissed	0	0	1	0	0	0	
Discontinued	0	0	0	0	1	0	
Subtotal	0	0	1	0	1	0	
Subtotal	29	1	12	1	21	0	
Other							
Allowed/Remitted	9	4	8	4	9	4	
Dismissed 	17	8	17	10	16	9	
Discontinued	8	1	6	0	4	2	
Subtotal	34	13	31	14	29	15	
Total	142	17	106	16	107	18	
a	Figures for 2007–08 differ from those given in the Administrative Appeals Tribunal Annual Report 2007–08. An audit revealed that a number of records had not been included or had been incorrectly classified in the figures for that reporting year.