The AAT Brochure cover

The Administrative Appeals Tribunal

What it is, when it can help and how to apply for review

What is the AAT?

The Administrative Appeals Tribunal is an organisation that reviews a wide range of decisions made by Australian Government ministers, departments, agencies and some other tribunals. The AAT also reviews decisions made by the Norfolk Island Government.

The AAT takes a fresh look at a decision and decides if it should stay the same or be changed. The AAT is independent of the person or organisation that made the decision.

Return to top of page

Can the AAT help me?

What the AAT can do

The AAT can review many decisions made under Commonwealth laws. For example, we can review decisions about:

There are many other kinds of decisions the AAT can review. You can find a list of these decisions, called the Jurisdiction List, on the AAT website. The website also has a list of the decisions made under Norfolk Island laws that the AAT can review.

What the AAT can't do

The AAT can't review:

  • every decision made by the Australian Government or the Norfolk Island Government

  • decisions made under state or territory laws, or

  • decisions made by local governments.

We can only review a decision if the law states that an application can be made to the AAT.

How will I know if the AAT can review my decision?

Your decision should state if the AAT can review it. We can also give you information about the kinds of decisions the AAT is able to review.

Ask us if you are not sure.

Return to top of page

How do I apply?

You can either fill out an application form or write us a letter. You can send it to us by post, email or fax.

Filling out a form

The application form is available on our website or you can ask us to send it to you.

Send your completed application form to the AAT. If you can, send us a copy of the decision you want reviewed.

Writing a letter

If you write us an application letter, it must include:

  • your name, address and telephone number

  • the date you received the decision, and

  • brief reasons why you think the decision is wrong.

If you can't give us a copy of the decision, then include in your letter:

  • the name of the person or organisation that made the decision, and

  • a brief description of the decision.

Send the application letter to the AAT and, if you can, a copy of the decision.

Ask us if you need help with your application.

Time limits

Is there a time limit for making an application?

Yes. The time limit for making an application to the AAT is usually 28 days after you receive the decision you want reviewed. Sometimes it's longer. For example, applications for review of decisions made by the Veterans' Review Board have a time limit of three months.

The time limit is usually stated in the decision you want us to review.

What can I do if the time limit has expired?

If you want to make an application but the time limit has expired, you will need to apply for an extension of time. The Tribunal can extend most, but not all, time limits.

You can apply for an extension of time by filling out a form. It is available on our website or you can ask us to send it to you.

If you cannot get a copy of the form, you can write us a letter. Your letter must include the reasons why you could not get the application to us within the time limit.

Send your application form or letter to the AAT.

Ask us if you are not sure - we can help you.

Application fees

Is there an application fee?

In many cases, there is no application fee. For example, there is no fee for applications about Commonwealth workers’ compensation, the National Disability Insurance Scheme, social security or family assistance payments or veterans’ pension decisions.

There is an application fee for other kinds of cases, such as taxation decisions.

If there is a fee, you might not have to pay all of it. For example, if you hold a health care card or a Commonwealth seniors health card you only pay a reduced fee of $100. If you believe you can’t afford to pay the full fee, you can apply to pay the reduced fee of $100.

If you pay the full application fee and the application is resolved in your favour, you will receive a partial refund. There is no refund if you have paid a reduced fee.

You will find more information about fees, and the form to apply to have the fee reduced, on the AAT website. We can also send you the form.

Ask us if you are not sure - we can help you.

Return to top of page

I have sent my application to the AAT

What happens next?

We will send you a letter confirming that we have received your application and telling you what happens next. We also tell the department that made the decision about your application.

About a month after the AAT accepts your application, you will receive a set of papers in the mail that are put together by the department that made the decision. They are a copy of the papers that are relevant to the decision and are called the Section 37 documents or T (for Tribunal) documents.

If you do not have a professional person (such as a lawyer) representing you, we will call you to talk about the AAT's procedures.

Steps in a review

A conference registrar, applicant and department representative in a conference.

In most cases, the first step in a review is a conference. This is an informal meeting conducted by the AAT with you and a representative of the department. You will have a chance to talk about your case and explain why you think the decision should be changed. This conference is usually held between 6 and 10 weeks after we have accepted your application.

The AAT will, where possible, try to help you and the department reach an agreement about how your case should be resolved. The AAT might hold a second conference or another type of meeting, such as a conciliation or mediation. Many cases are finalised at this stage.

If agreement cannot be reached, the AAT will hold a hearing and then make a decision.

The AAT's procedures and the amount of time needed to complete the review will vary from case to case. The AAT aims to have cases finalised within 12 months.

Does the decision continue to operate if I apply for review?

Yes, a decision usually continues to operate while it is being reviewed by the AAT. In some cases, the AAT can order that the decision be suspended while the review takes place.

If you want to ask the AAT to suspend the operation of the decision, you must complete a Request for stay order form. It is available on our website or you can ask us to send it to you.

Will I need a lawyer when I come to the AAT?

No, but it sometimes helps.

If you want legal advice or representation, it is best to do this before your first conference with the AAT. You might be able to get help from a Community Legal Centre or from Legal Aid. We can give you their contact details.

If you tell us you have a representative, we will send all documents relating to your case to that person.

You can bring a friend or family member to support you at any stage.

What does the AAT do with the information I provide?

The information you give us will be used to carry out the review under the Administrative Appeals Tribunal Act 1975.

If you give us information that the department or another party to the review does not have, we will usually give them a copy.

Limited information about a case is usually made available to the public on request and can be accessed using eCase Search, the AAT's online case search tool. More information is usually made publicly available if the AAT holds a hearing. Most AAT decisions are published on the internet.

The AAT can order that information be kept confidential if it believes there is good reason to do so. You can apply for an order by writing to the AAT stating what information you want kept confidential and why. In some cases, legislation requires that information be kept confidential.

For more information, see our fact sheet - Privacy and confidentiality at the AAT and our Privacy Policy. Copies are available on our website or you can ask us to send them to you.

How can I find out more about what will happen?

Contact us if you need more information about the AAT's procedures.

The AAT's Service Charter sets out the standards of service you can expect from us and how to make a complaint if you are not satisfied with how we deal with your case. It's available on our website or you can ask us to send it to you.

Return to top of page

Contact the AAT

Contact us by mail, phone, fax or email.

The AAT Brochure cover

 

 

Version: March 2014

 

 

 

Multilingual versions

This brochure (PDF version) is also available in these languages:

Gjuha shqipe
(Albanian)
العربية
(Arabic)
ܐܵܬܘܿܪܵܝܵܐ
(Assyrian)
简化字
(Chinese - simplified)
簡化字
(Chinese - traditional)
Hrvatski
(Croatian)
دری
(Dari)
فارسی
(Farsi)
Filipino
(Filipino)
Français
(French)
Deutsch
(German)
ελληνικά
(Greek)
हिन्दी
(Hindi)
Magyar
(Hungarian)
Bahasa Indonesia
(Indonesian)
Italiano
(Italian)
ភាសាខ្មែរ
(Khmer)
한국어
(Korean)
македонски
(Macedonian)
Język polski
(Polish)
Português
(Portuguese)
Pусский язык
(Russian)
Gagana Sāmoa
(Samoan)
Српски
(Serbian)
සිංහල
(Sinhalese)
Español
(Spanish)
Türkçe
(Turkish)
Tiếng Việt
(Vietnamese)