Applying to the AAT

What is a hearing?

Why have a hearing?

If you and the Department have not been able to resolve your case at the conferences the Tribunal will hold a hearing. At the end of the hearing the Tribunal will make a decision about your case. In order to make that decision the Tribunal will need to know everything about your case. The hearing will allow you to tell the Tribunal your side of the case.

When do we have the hearing?

Generally this will happen about 10 weeks after the last conference. The Tribunal will write to you and tell you the date, time and location. If you have anyone helping you, you should tell them the date, time and location of the hearing.

Who will be at the hearing?

There may be one, two or three Members who will hear and decide your case. Where the Tribunal includes three Members, generally one is a lawyer, and at least one of the others has some special knowledge or experience about cases like yours.

Apart from you and the Tribunal Members, several other people will be present in the hearing room. A Tribunal officer will be there to do things like calling witnesses and handling paperwork etc. A representative will be there on behalf of the Department.

The hearing may be recorded so that there is an accurate record of what is said. If the hearing is recorded there may be a person operating the recording equipment in the hearing room.

Witnesses are usually asked to wait outside the hearing room until called to provide information to the Tribunal.

Where will the hearing be conducted?

The hearing is generally held in a hearing room, which looks similar to a court room in layout. Most hearings are held in Tribunal premises in capital cities. If you live outside a capital city, the Tribunal may be able to hold a hearing near where you live. This will usually be discussed at the conference stage.

You could arrange with the Tribunal office to sit in on the hearing of another case so that you will know what will happen when your turn comes. On the day of your hearing Tribunal staff will take you through a hearing room so that you can familiarise yourself with the seating arrangements and layout of the room.

Can I conduct my own case?

Yes you can. There is no need for someone to help you if you feel able to present your own arguments to the Tribunal. However, you have the option of arranging someone to help you (it may be a friend, family member, lawyer or other ‘professional’ person). Remember that the sooner you arrange help, if you need it, the more time there is for your case to be properly prepared.

Do I have to attend?

YES! If you don't come to the hearing your case may be "dismissed" - which means it will be brought to an end.

If something happens (for example, if you become ill) and you can't attend, you must let the Tribunal know so another time can be arranged.

Is the hearing held in private?

The Tribunal hearings are normally open to the public. The Tribunal can order that a hearing be held in private if there is good reason to do so.

Sometimes the Tribunal can order that certain documents or the identity of a person be kept confidential, or that a decision not be published if there is good reason to do so.

Some laws, under which decisions are made, have special provisions for privacy. These can include that the identity of people concerned be kept confidential and hearings be held in private.

What happens at the hearing?

Normally at the beginning of the case the Tribunal will ask both you and the Department to explain what the case is about. Then the Tribunal will look at papers which you and the Department have provided. After this the Tribunal will then ask you and the Department to briefly talk about all of your main points.

Witnesses

You, the Department and the Tribunal Members will be able to ask each witness questions about what they know. You must arrange for your witnesses to come to the Tribunal on the day of your hearing. You should ask at the Tribunal’s office if you are not sure of what you need to do.

At the end of the hearing

After all the witnesses have had their say, both you and the Department will have an opportunity to give a closing address. This is basically a brief summary of all the main points in your case and can include anything which you believe is important.

Making a decision

At the end of the hearing the Tribunal will either give you its decision immediately or will tell you that it needs more time to think about the decision. 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. Written decisions of the Tribunal are generally made publicly available, including on the Internet.