Applying to the AAT

When can the AAT help?

If you disagree with a decision of a Commonwealth Minister, a Government Department or agency, or an employee of a Department which affects you, you may be able to have it reviewed.

The AAT has been given powers to review decisions made under particular Acts of Parliament. The sorts of decision which can be reviewed include decisions about:

• a social security pension or a benefit
• a veteran's pension
• Commonwealth workers' compensation
• an environmental issue
• taxation
• visas refused or cancelled on character grounds
• many other Commonwealth issues

You can ask the Tribunal’s office for information as to whether the Tribunal has power to review a decision affecting you.

How can I apply?

You can either write a letter to the Tribunal or you can fill out an application form which is available from the Tribunal’s offices or on our web site (www.aat.gov.au). The address and phone number of the Tribunal’s office is included on the Contact Us page. For the cost of a local call you can contact the Tribunal’s Registry in your State (if you live in the Northern Territory or Northern Rivers area of NSW you will be connected to Brisbane) by dialling 1300 366 700. If you wish to contact a Tribunal Registry in another State you will need to telephone their normal telephone number via STD. If you are hearing impaired the Tribunal has a TTY service available on 1800 650 662. Hearing (induction) Loops are available at each Tribunal counter and in hearing and conference rooms.

You can also download the application form in either PDF version or RTF version, but you can not lodge the application form via the Internet. NOTE: A PDF viewer such as Adobe Reader is required to view the PDF version of this form. It is available as a free download from Adobe (external web site).

What information do I need when preparing an application to the AAT?

• Your own name, address and telephone number;
• The name of the Department or other Tribunal that made the decision;
• The date of the decision;
• A copy of the decision this is normally the letter sent to you by the Department or Tribunal; and
• Brief reasons why you think the decision is wrong.

When should I lodge an application?

There are time limits on lodging applications with the Tribunal. This is usually 28 days from the date of receiving the decision you want reviewed. Sometimes the time limit is longer, such as in applications for review of Veterans' Review Board decisions which have a 3 month time limit. Usually the copy of the decision you have been sent by the Department or other Tribunal will tell you the time limit. If you are not sure, contact the AAT.

Out of time

If you want to lodge an application but the time has expired, you will need to apply for an extension of time. You must complete the relevant form (Application for Extension of Time, PDF version or RTF version)  and include reasons why you were unable to lodge the application within the time limit. The staff in the Tribunal’s office can help you with this.

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

No, but it sometimes helps. The Tribunal’s staff will give you the AAT application for review and other forms you need and can tell you about the information you need to fill them in properly.

If you need help or advice about your case rather than Tribunal procedures, you may be able to get help from Community Legal Centres or from Legal Aid. The Tribunal can provide you with contact details for these organisations. A directory of Australian community legal centres on the Internet is available at http://www.naclc.org.au.

Is there a fee?

In most cases no fee is payable. In some matters, such as a review of a taxation decision, a fee is payable. However, you can apply to have the fee waived if you believe you cannot afford to pay it.

What happens after I fill in the form and send it to the Tribunal?

In a few days you will receive a letter from the Tribunal confirming that your application has been received. There will also be some information about what happens next. Our leaflets 'What is a conference, what is it for?', 'Have you considered mediation?' and 'What is a hearing?' will also explain the next steps for you.

About a month after the Tribunal receives your application you will receive in the mail a set of papers which were put together by the Department that made the decision. These papers are referred to as the "Section 37 documents" or the "T (for Tribunal) documents". They are a copy of all the papers the Department or Agency relied upon when it made the decision.

What can I do if I want to know more about what will happen?

You can telephone the Tribunal's office at any time and speak to someone about your application.

Privacy and confidentiality?

The Tribunal collects personal information to process your application and conduct a review of the decision. Generally, you and the agency and any representatives will be permitted to access, and make copies of, all parts of the Tribunal file, including personal information.

The public may also access some of the personal information held by the Tribunal. The Tribunal maintains a public register of applications. On request, the Tribunal may disclose basic information about an application including the names of the parties to an application and how the application was finalised including any decision made by the Tribunal.

The Tribunal's hearings are generally held in public. Records of evidence given orally at a hearing or documents which are exhibited at a hearing may be examined by members of the public. Written decisions of the Tribunal are generally made publicly available, including on the Internet.

Otherwise, personal information provided to the Tribunal about an individual is confidential and cannot be disclosed to a person who is not a party to the proceeding without that individual's consent. Whilst personal information may not unreasonably be disclosed, other parts of a file may be released to the public under the Freedom of Information Act 1982.

Where there is a good reason to do so, the Tribunal can order that documents or the identity of a party be kept confidential, that a hearing be held in private, or that a decision and reasons for that decision not be published. You can ask for further information about how to make an application for a confidentiality order at the Tribunal's office.