Applying to the AAT

I have my decision... what now?

Your Tribunal decision

The Tribunal will give its decision after it has heard and considered your case. This may be:

• immediately after the end of the hearing with the Tribunal’s decision and reasons given orally; or
• at a later date, with the decision and reasons given in writing. This happens where the Member or Members who heard your case need to give further thought to the law and what has been said and shown to them. The Tribunal will usually give its decision within 2 months of the hearing. You or your representative will be contacted by the Tribunal and told when the decision will be available, usually the day before it is delivered. If you do not want to come to the Tribunal to collect the decision, you or your representative will be sent a copy of the decision.

How do I get written reasons for the decision?

Where the Tribunal gives its reasons orally, you will not usually receive written reasons unless you or the Department request them. If you want written reasons, you need to request them in writing from the Tribunal within 28 days after receiving a copy of the decision.

The written reasons set out why the Member or Members who heard your case made the decision. Written reasons for decisions are generally made publically available, including on the internet.

What does the Tribunal decision mean?

In its decision, the Tribunal may have:

• Affirmed the decision made by the decision maker in the Department. This means the original decision has not been changed.
• Varied that decision. This means that part of the original decision has been changed.
• Set aside that decision. This means the Tribunal agrees or partially agrees that the original decision was wrong and the Tribunal has changed that decision. The Tribunal may also send the matter back ("remit the decision") to the Department with instructions about the outcome and ask that the decision be changed in accordance with any particular points it wants considered.

What do I do if I disagree with the Tribunal's decision?

If you disagree with the Tribunal's decision you may appeal to the Federal Court on a point of law. This means that the Court can only hear an appeal from the Tribunal decision if you or your adviser believe the Tribunal made a mistake in law in deciding your case. Because there are many rules about Federal Court appeals you may wish to get legal assistance.

You must make your appeal to the Federal Court within 28 days of receiving the Tribunal's decision by completing a special form from the Federal Court.

What happens if the Department does not do what was ordered by the Tribunal?

After the Tribunal makes its decision, both sides have 28 days to appeal. If during this time the Department has not followed the Tribunal’s decision, it may be because the Department is considering appealing to the Federal Court.

If after the appeal period has expired and the Department has not done what the Tribunal said had to be done, contact the person who represented the Department to find out what is happening. They may be able to tell you if an appeal is being considered, or explain what might be causing any delay. The Tribunal will be able to give you a telephone number if you do not know who to contact.

If after 28 days the decision is being ignored and no appeal has been lodged, you can seek the assistance of the Commonwealth Ombudsman.

The Commonwealth Ombudsman investigates complaints about Commonwealth government services. You will have to provide sufficient information to the Ombudsman, so that the person investigating your complaint can find out why the delay in carrying out the Tribunal’s decision has happened.

The Ombudsman’s address and telephone number are in your local telephone directory.