Author: Steve Hugler

Appendix 4: Additional caseload statistics 
This appendix contains the following tables providing additional information about the AAT's activities: 
A4.1	Applications lodged and applications finalised, 2015–16
A4.2	Outcomes of reviews by division and major areas of work within divisions, 2015–16
A4.3	Number of alternative dispute resolution processes, directions hearings and hearings, 2013–14 to 2015–16
A4.4	Court appeals lodged and finalised, 2015–16 – By division and major areas of work within divisions
Table A4.1 Applications lodged and applications finalised, 2015–16
| APPLICATIONS LODGED | APPLICATIONS FINALISED
| No | % of total | No | % of total

APPLICATIONS FOR REVIEW OF DECISIONS UNDER COMMONWEALTH LAWS
– BY AUSTRALIAN GOVERNMENT PORTFOLIO

AGRICULTURE AND WATER RESOURCES
Agricultural and veterinary chemicals | 4 | | 0 |
Australian grape and wine regulation | 2 | | 2 |
Export and import control | 2 | | 2 |
Fisheries | 0 | | 1 |
Research participation certificates for Conservation Tillage Refundable Tax Offset | 0 | | 2 |
Subtotal | 8 | <1% | 7 | <1%
ATTORNEY-GENERAL’S
Archives (other than decisions relating to ASIO records) | 1 | | 9 |
Archives decisions relating to ASIO records | 1 | | 1 |
ASIO security assessments | 15 | | 13 |
Background checking | 4 | | 4 |
Bankruptcy | 14 | | 19 |
Freedom of information | 35 | | 46 |
Human rights | 2 | | 1 |
Marriage celebrants | 7 | | 9 |
Personal property securities | 6 | | 10 |
Privacy | 1 | | 2 |
Waiver of fees in courts | 4 | | 4 |
Subtotal | 90 | <1% | 118 | <1%
COMMUNICATIONS AND THE ARTS
Communications and media | 1 | | 1 |
Tax offset for films | 3 | | 1 |
Subtotal | 4 | <1% | 2 | <1%
DEFENCE (including VETERANS’ AFFAIRS)
Defence Force retirement and death benefits | 6 | | 2 |
Military Rehabilitation and Compensation Act 2004 | 104 | | 84 |
Veterans’ entitlements | 236 | | 279 |
Other | 5 | | 9 |
Subtotal | 351 | <1% | 374 | <1%
EDUCATION AND TRAINING
Child care services/registered carers | 3 | | 5 |
Education services for overseas students | 17 | | 16 |
Higher Education Loan Program | 70 | | 56 |
Mutual recognition of occupations | 96 | | 49 |
National vocational education and training regulation | 61 | | 54 |
Tertiary education quality and standards | 2 | | 4 |
Trade support loans | 1 | | 0 |
Subtotal | 250 | 1% | 184 | <1%
EMPLOYMENT
Fair entitlements guarantee | 58 | | 34 |
Safety, Rehabilitation and Compensation Act 1988 | 1,736 | | 1,308 |
Seafarers rehabilitation and compensation | 61 | | 65 |
Subtotal | 1,855 | 4% | 1,407 | 4%
ENVIRONMENT AND ENERGY
Clean energy regulation | 1 | | 0 |
Environment protection and biodiversity | 2 | | 2 |
Great Barrier Reef Marine Park | 1 | | 2 |
Hazardous waste | 1 | | 2 |
Subtotal | 5 | <1% | 6 | <1%
FINANCE
Electoral matters | 2 | | 2 |
Subtotal | 2 | <1% | 2 | <1%
FOREIGN AFFAIRS AND TRADE
Export market development grants | 2 | | 2 |
Passports | 21 | | 16 |
Subtotal | 23 | <1% | 18 | <1%
HEALTH AND AGED CARE
Aged care | 19 | | 10 |
Medicare | 1 | | 1 |
Pharmacists | 15 | | 13 |
Sports anti-doping | 1 | | 0 |
Therapeutic goods | 9 | | 4 |
Subtotal | 45 | <1% | 28 | <1%
IMMIGRATION AND BORDER PROTECTION
Citizenship | 275 | | 292 |
Customs | 29 | | 44 |
Migration agent registration | 8 | | 12 |
Visa-related decisions (other than relating to character) | 18,929 | | 16,111 |
Visa-related decisions relating to character | 77 | | 28 |
Subtotal | 19,318 | 47% | 16,487 | 43%
INDUSTRY, INNOVATION AND SCIENCE
Industry research and development | 11 | | 7 |
Patents, designs and trade marks | 7 | | 2 |
Subtotal | 18 | <1% | 9 | <1%
INFRASTRUCTURE AND REGIONAL DEVELOPMENT
Airports | 1 | | 1 |
Aviation and maritime transport security | 1 | | 2 |
Civil aviation | 30 | | 27 |
Maritime safety | 3 | | 1 |
Motor vehicle standards | 6 | | 8 |
Subtotal | 41 | <1% | 39 | <1%
PRIME MINISTER AND CABINET
Aboriginal corporations, councils and associations | 1 | | 0 |
Subtotal | 1 | <1% | 0 | 0%
SOCIAL SERVICES
Aged care | 4 | | 14 |
Centrelink (first review and second review) | 15,664 | | 15,529 |
Child support (first review and second review) | 2,228 | | 2,183 |
National Disability Insurance Scheme | 48 | | 33 |
National Rental Affordability Scheme | 1 | | 0 |
Paid parental leave (first review and second review) | 223 | | 241 |
Subtotal | 18,168 | 44% | 18,000 | 47%
TREASURY
Auditors and liquidators registration | 1 | | 1 |
Business names registrations | 11 | | 17 |
Charities and not-for-profit entities | 1 | | 0 |
Consumer credit | 6 | | 3 |
Corporations and financial services | 33 | | 20 |
Insurance and superannuation | 1 | | 1 |
Tax agents | 28 | | 24 |
Taxation | 921 | | 1,136 |
Subtotal | 1,002 | 2% | 1,202 | 3%
SUBTOTAL for PORTFOLIOS | 41,181 | 99% | 37,883 | 99%
APPLICATIONS UNDER THE ADMINISTRATIVE APPEALS TRIBUNAL ACT – OTHER
Other applications | 250 | | 263 |
Subtotal | 250 | <1% | 263 | <1%
APPLICATIONS UNDER NORFOLK ISLAND LAWS
Planning | 1 | | 0 |
Subtotal | 1 | <1% | 0 | 0%
TOTAL^a | 41,432 | 100% | 38,146 | 100%
^a Percentages may not total 100% due to rounding.
Table A4.2 Outcomes of reviews by division and major areas of work within divisions, 2015–16
Subtable A4.2.1 General Division
| CENTRELINK (2ND REVIEW) | WORKERS’ COMPENSATION^a | OTHER | TOTAL
| No | % of total | No | % of total | No | % of total | No | % of total
By decision^b
Decision affirmed | 509 | 22% | 115 | 8% | 152 | 14% | 776 | 16%
Decision varied or set aside | 128 | 6% | 48 | 4% | 51 | 5% | 227 | 5%
Subtotal | 637 | 28% | 163 | 12% | 203 | 19% | 1,003 | 21%
By consent
Decision affirmed^c | 6 | <1% | 421 | 31% | 3 | <1% | 430 | 9%
Decision varied or set aside^c | 334 | 14% | 406 | 30% | 148 | 14% | 888 | 19%
Dismissed by consent^d | 22 | <1% | 3 | <1% | 10 | <1% | 35 | <1%
Dismissed by operation of law^e | 294 | 13% | 0 | 0% | 0 | 0% | 294 | 6%
Subtotal | 656 | 29% | 830 | 60% | 161 | 42% | 1,647 | 35%
Other
Withdrawn by applicant | 681 | 29% | 327 | 24% | 294 | 27% | 1,302 | 27%
Dismissed by Tribunal^f | 148 | 6% | 38 | 3% | 251 | 23% | 437 | 9%
No jurisdiction | 4 | <1% | 4 | <1% | 21 | 2% | 29 | <1%
Extension of time refused | 150 | 6% | 7 | <1% | 22 | 2% | 179 | 4%
Other | 38 | 2% | 4 | <1% | 125 | 12% | 167 | 3%
Subtotal | 1,021 | 44% | 380 | 28% | 713 | 66% | 2,114 | 44%
TOTAL^g | 2,314 | 100% | 1,373 | 100% | 1,077 | 100% | 4,764 | 100%
^a These figures include applications for the review of decisions about defence-related claims under the Safety, Rehabilitation and Compensation Act 1988 which are formally allocated to the Veterans’ Appeals Division.
^b Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.
^c Applications finalised by the AAT in accordance with terms of agreement reached by the parties either in the course of an alternative dispute resolution process (section 34D) or at any stage of review proceedings (section 42C).
^d Applications dismissed by consent under section 42A(1).
^e If an application for a review of a Centrelink decision 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.
^f Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).
^g Percentages may not total 100% due to rounding.
Subtable A4.2.2 Freedom of Information, National Disability Insurance Scheme, Security and Veterans’ Appeals Divisions^a
| FREEDOM OF INFORMATION | NATIONAL DISABILITY INSURANCE SCHEME | SECURITY | VETERANS’ APPEALS
| No | % of total | No | % of total | No | % of total | No | % of total
By decision
Decision affirmed | 8 | 14% | 2 | 6% | 1 | 7% | 63 | 17%
Decision varied or set aside | 11 | 19% | 2 | 6% | 0 | 0% | 37 | 10%
Subtotal | 19 | 33% | 4 | 12% | 1 | 7% | 100 | 27%
By consent
Decision affirmed | 0 | 0% | 0 | 0% | 0 | 0% | 3 | <1%
Decision varied or set aside | 11 | 19% | 12 | 36% | 1 | 7% | 142 | 39%
Dismissed by consent | 1 | 2% | 3 | 9% | 0 | 0% | 2 | <1%
Dismissed by operation of law | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0%
Subtotal | 12 | 21% | 15 | 45% | 1 | 7% | 147 | 41%
Other
Withdrawn by applicant | 21 | 37% | 10 | 30% | 8 | 57% | 103 | 28%
Dismissed by Tribunal | 4 | 7% | 1 | 3% | 2 | 14% | 13 | 4%
No jurisdiction | 0 | 0% | 1 | 3% | 0 | 0% | 1 | <1%
Extension of time refused | 1 | 2% | 2 | 6% | 0 | 0% | 1 | <1%
Other | 0 | 0% | 0 | 0% | 2 | 14% | 0 | 0%
Subtotal | 26 | 46% | 14 | 42% | 12 | 86% | 118 | 32%
TOTAL^b | 57 | 100% | 33 | 100% | 14 | 100% | 365 | 100%
^a See the notes to Subtable A4.2.1 for information about the outcome types.
^b Percentages may not total 100% due to rounding.
Subtable A4.2.3 Migration and Refugee Division 
| MIGRATION | REFUGEE | TOTAL
| No | % of total | No | % of total | No | % of total
By decision^a
Decision affirmed^b | 5,194 | 42% | 2,528 | 70% | 7,722 | 48%
Decision varied, remitted or set aside | 4,613 | 37% | 587 | 16% | 5,200 | 32%
Subtotal | 9,807 | 78% | 3,115 | 87% | 12,922 | 80%
Other
Withdrawn by applicant | 1,447 | 12% | 205 | 6% | 1,652 | 10%
Dismissed by Tribunal^b | 325 | 3% | 54 | 2% | 379 | 2%
No jurisdiction | 932 | 7% | 226 | 6% | 1,158 | 7%
Subtotal | 2,704 | 22% | 485 | 14% | 3,189 | 20%
TOTAL^c | 12,511 | 100% | 3,600 | 100% | 16,111 | 100%
^a Applications finalised by a decision of the AAT under section 349 or 415 of the Migration Act.
^b The Tribunal may dismiss an application if an applicant does not appear before the Tribunal at a hearing under section 362B(1A) or 426A(1A) of the Migration Act. The decision to dismiss the application may be confirmed under section 362B(1C)(b), 362B(1E), 426A(1C)(b) or 426A(1E). Under sections 362B(1F) and 426A(1F), a dismissal decision confirmed by the Tribunal is taken to be a decision to affirm the decision under review. Therefore, the total number of migration decisions affirmed is 5,519 or 44% of all migration decisions (comprised of 5,194 decisions affirmed and 325 applications dismissed by the Tribunal). The total number of refugee decisions affirmed is 2,582 or 72% of all refugee decisions (comprised of 2,528 decisions affirmed and 54 applications dismissed by the Tribunal). 
^c Percentages may not total 100% due to rounding.
Subtable A4.2.4 Social Services and Child Support Division^a 
| CENTRELINK (1ST REVIEW) | CHILD SUPPORT | PAID PARENTAL LEAVE | TOTAL
| No | % of total | No | % of total | No | % of total | No | % of total
By decision^b
Decision affirmed | 7,921 | 55% | 590 | 31% | 168 | 73% | 8,679 | 53%
Decision varied or set aside | 3,125 | 22% | 792 | 41% | 14 | 6% | 3,931 | 24%
Subtotal | 11,046 | 77% | 1,382 | 72% | 182 | 79% | 12,610 | 76%
By consent
Decision affirmed^c | N/A | N/A | 0 | 0% | N/A | N/A | 0 | 0%
Decision varied or set aside^c | N/A | N/A | 4 | <1% | N/A | N/A | 4 | <1%
Dismissed by consent^d | 7 | <1% | 39 | 2% | 0 | 0% | 46 | <1%
Dismissed by operation of law^e | 0 | 0% | N/A | N/A | 0 | 0% | 0 | 0%
Subtotal | 7 | <1% | 43 | 2% | 0 | 0% | 50 | <1%
Other
Withdrawn by applicant | 804 | 6% | 243 | 13% | 15 | 7% | 1,062 | 6%
Dismissed by Tribunal^f | 328 | 2% | 53 | 3% | 1 | <1% | 382 | 2%
No jurisdiction | 2,180 | 15% | 153 | 8% | 32 | 14% | 2,365 | 14%
Other | 0 | 0% | 52 | 3% | 0 | 0% | 52 | <1%
Subtotal | 3,312 | 23% | 501 | 26% | 48 | 21% | 3,861 | 23%
Total^g | 14,365 | 100% | 1,926 | 100% | 230 | 100% | 16,521 | 100%
^a A single application may relate to more than one reviewable decision. These figures include outcomes for all decisions that have been reviewed.
^b Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.
^c Applications finalised by the AAT in accordance with terms of agreement reached by the parties under section 42C.
^d Applications dismissed by consent under section 42A(1).
^e If an application for a review of a Centrelink decision 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.
^f Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).
^g Percentages may not total 100% due to rounding.
Subtable A4.2.5 Taxation and Commercial Division^a
| TAXATION | OTHER^b | TOTAL
| No | % of total | No | % of total | No | % of total
By decision
Decision affirmed | 85 | 8% | 15 | 11% | 100 | 8%
Decision varied, remitted or set aside | 37 | 3% | 7 | 5% | 44 | 4%
Subtotal | 122 | 11% | 22 | 17% | 144 | 11%
By consent
Decision affirmed | 9 | 1% | 2 | 2% | 11 | 1%
Decision varied, remitted or set aside | 514 | 46% | 6 | 5% | 520 | 41%
Dismissed by consent | 13 | 1% | 0 | 0% | 13 | 1%
Dismissed by operation of law | 1 | <1% | 0 | 0% | 1 | <1%
Subtotal | 537 | 48% | 8 | 7% | 545 | 43%
Other
Withdrawn by applicant | 360 | 31% | 50 | 38% | 410 | 32%
Dismissed by Tribunal | 103 | 9% | 26 | 20% | 129 | 10%
No jurisdiction | 3 | 0% | 12 | 9% | 15 | 1%
Extension of time refused | 8 | 1% | 2 | 2% | 10 | 1%
Other | 3 | 0% | 12 | 9% | 15 | 1%
Subtotal | 477 | 41% | 102 | 77% | 579 | 45%
TOTAL^c | 1,136 | 100% | 132 | 100% | 1,268 | 100%
^a See the notes to Subtable A4.2.1 for information about the outcome types.
^b These figures include all non-taxation applications managed within the Taxation and Commercial Division whether or not formally allocated to that division: see the Review of Taxation and Commercial Decisions Practice Direction.
^c Percentages may not total 100% due to rounding
Table A4.3 Number of alternative dispute resolution processes, directions hearings and hearings, 2013–14 to 2015–16
EVENT TYPE | 2013–14 | 2014–15 | 2015–16
Conferences^a | 7,636 | 7,775 | 8,082
Conciliations^a | 555 | 523 | 529
Other ADR processes (case appraisals, mediations and neutral evaluations)^a | 64 | 23 | 25
Directions hearings^b | 1,945 | 1,721 | 2,788
Interlocutory hearings^c | 524 | 625 | 741
Hearings | 1,083 | 1,183 | 24,856
^a The AAT holds alternative dispute resolution processes in all divisions other than the Migration and Refugee Division, Security Division and Social Services and Child Support Division.
^b The AAT holds directions hearings in all divisions other than the Migration and Refugee Division.
^c Interlocutory hearings are hearings listed in divisions other than the Migration and Refugee Division and the Social Services and Child Support Division in relation to the AAT’s jurisdiction and 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 or to reinstate an application.
Table A4.4 Court appeals lodged and finalised, 2015–16 - By division and major areas of work within divisions^a
DIVISION/AREA OF WORK | COURT APPEALS LODGED | COURT APPEALS FINALISED^c
| Lodged | Proportion of total AAT decisions^b | Allowed | Dismissed or Discontinued | Total appeals finalised | Proportion allowed against total appeals finalised
| No | % | No | No | No | %
Freedom of Information | 5 | 23% | 0 | 4 | 4 | 0%
General | 47 | 3% | 17 | 42 | 59 | 29%

Centrelink
(2nd review)

17

2%

4

18

22

18%

Workers’ compensation^d | 15 | 7% | 8 | 15 | 23 | 35%
Other | 15 | 3% | 5 | 9 | 14 | 36%
Migration and Refugee | 3,269 | 23% | 723 | 2,235 | 2,958 | 24%
Migration | 1,640 | 15% | 492 | 1,171 | 1,663 | 30%
Refugee | 1,629 | 48% | 231 | 1,064 | 1,295 | 18%
National Disability Insurance Scheme | 0 | 0% | 0 | 0 | 0 | 0%
Security | 0 | 0% | 0 | 0 | 0 | 0%
Social Services and Child Support^e | 33 | 2% | 3 | 30 | 33 | 9%
Taxation and Commercial | 20 | 8% | 6 | 16 | 22 | 27%
Taxation | 18 | 9% | 5 | 16 | 21 | 24%
Other^f | 2 | 3% | 1 | 0 | 1 | 100%
Veterans’ Appeals | 7 | 6% | 5 | 6 | 11 | 45%
TOTAL | 3,381 | 19% | 754 | 2,333 | 3,087 | 24%
^a These figures include appeals lodged or finalised in the reporting year that relate to decisions made by the AAT, MRT, RRT or SSAT prior to 1 July 2015 as well as decisions made by the AAT from 1 July 2015.
^b This figure represents the number of appeals lodged in 2015–16 as a proportion of all AAT decisions that could have been appealed to the courts in 2015–16.
^c 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.
^d These figures include applications for the review of decisions about defence-related claims under the Safety, Rehabilitation and Compensation Act 1988 which are formally allocated to the Veterans’ Appeals Division.
^e Only child support decisions and employer-related paid parental leave decisions may be appealed to the courts under section 44 or 44AAA of the Administrative Appeals Tribunal Act. Other decisions are subject to second review in the AAT.
^f These figures include all non-taxation applications managed within the Taxation and Commercial Division whether or not formally allocated to that division: see the Review of Taxation and Commercial Decisions Practice Direction.