Applying to the AATThe Administrative Appeals TribunalWhat 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 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.
Can the AAT help me?What the AAT can doThe 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. What the AAT can't doThe AAT can't review:
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. Contact us if you are not sure.
How do I apply?You can either fill out an application form or write us a letter. Filling out a formThe 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 letterIf you write us an application letter, it must include:
If you can't give us a copy of the decision, then include in your letter:
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 limitsIs 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. 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 feesIs there an application fee?In many cases, there is no application fee. For example, there is no fee for applications about Commonwealth workers' compensation, 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 it. For example, you don't have to pay the fee if you hold a health care card or a Commonwealth seniors health card. If you believe you can't afford to pay the fee, you can apply to have it waived. If you have to pay an application fee, it will be refunded if the AAT makes a decision in your favour. You will find more information about fees, including the form to apply to have the fee waived, on the AAT website. We can also send you the form. Ask us if you are not sure – we can help you.
I have sent my application to the AATWhat 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
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. 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 provide helps the AAT carry out the review under the Administrative Appeals Tribunal Act 1975. We usually give some of this information to the department that made the decision. In certain circumstances, some of the information may be made public. The AAT can order that information be kept confidential if there is good reason to do so. For more information about privacy and confidentiality at the AAT, see our fact sheet, Privacy and confidentiality at the AAT. It's available on our website or you can ask us to send it 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.
Contact the AATContact us by mail, phone, fax or email.
Version: July 2009
|



