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Administrative Appeals Tribunal - www.aat.gov.au

Corporate publications

Online Action Plan

1. About the AAT

The Tribunal falls within the portfolio of the Attorney-General. The responsible Minister is the Attorney-General, the Honourable Robert McClelland MP. The Tribunal was established by the Administrative Appeals Tribunal Act 1975 (AAT Act). The AAT Act and the Administrative Appeals Tribunal Regulations 1976 (AAT Regulations) set out its powers, functions and procedures.

The Tribunal's membership consists of a President, Presidential Members (including Judges and Deputy Presidents), Senior Members and Members. The President is a Judge of the Federal Court of Australia. Some Presidential Members are Judges of the Federal Court or Family Court of Australia. All Deputy Presidents are lawyers. Senior Members may be lawyers or have special expertise in other areas.

Members have expertise in areas such as accountancy, actuarial skills, administration, aviation, environment, insurance, law, medicine, military affairs, taxation, social welfare and valuation. Appointments to the Tribunal may be full-time or part-time.

The Tribunal reviews only decisions over which it has been given specific jurisdiction, generally conferred by the legislation under which the specific decision was made.

The Tribunal's jurisdiction is contained in almost 400 separate enactments, covering areas such as taxation, social security, veterans' affairs, Commonwealth employees' compensation and superannuation, criminal deportation, civil aviation, customs, freedom of information, bankruptcy, student assistance, security assessments undertaken by ASIO, corporations and export market development grants.

2. Functions and Services

The Tribunal is an independent body that reviews, on the merits, a broad range of administrative decisions made by Commonwealth (and, in limited circumstances, State) Government ministers and officials, authorities and other tribunals. The Tribunal also reviews administrative decisions made by some non-government bodies. Merits review of an administrative decision involves its reconsideration. The Tribunal decides whether, on the facts before it, the correct or, in a discretionary area, the preferable decision has been made in accordance with the applicable law. It will affirm, vary or set aside the original decision.

The Tribunal is not always the first avenue of redress for review of an administrative decision. In some cases, it may not review decisions until after an internal review by the department or agency that made the primary decision. In other cases, review by the Tribunal is only available after intermediate review by a specialist tribunal. For example, in the area of social security, an application may be made to the Tribunal only after review by the Social Security Appeals Tribunal (SSAT).

3. Services already online

The AAT web site (http://www.aat.gov.au/) provides access to a range of Tribunal information and documentation on matters of interest to applicants, legal practitioners, other government agencies and the general community.

Type of Service Details Description of client groups

Information about the Tribunal

Community organisations, public, legal practitioners, other government agencies

Information for Tribunal Users

Community organisations, public, legal practitioners, other government agencies

Access to AAT decisions

Community organisations, public, legal practitioners, other government agencies

Feedback

Community organisations, public, legal practitioners, other government agencies

Contacts

  • Telephone, address and email contact details for each state and principal registry.

Community organisations, public, legal practitioners, other government agencies

Press/Media releases Community organisations, public, legal practitioners, other government agencies
Official Speeches Community organisations, public, legal practitioners, other government agencies

4. Services that are inappropriate to provide online

Type of Service Details Reasons
Lodgement of Applications Electronic Lodgment of Applications for review of government decisions Legal link between payment or waiver of fees, lodgment of application and timeframes for lodgment makes this problematic. Unrepresented applicants often require face-to-face assistance.
 
Delivery of Decisions Delivery to the applicants of decisions made by the Tribunal Legal requirement for decisions to be delivered to physical addresses.
 
Payment of Application Fees Electronic payment of application fees at the time of lodgment Link between payment or waiver of fees, lodgment of application and timeframes for lodgment makes this problematic.
 
Lodgment of Request for Waiver of application fees and processing of exemptions from payment.
 
Request for waiver of fees and exemption from payment must be supported by documentary evidence at time of lodgement
 
Majority of clients unable to provide supporting documentation online.
Access to the AAT case management database. Mainframe database AATCAMS Disclosure of personal information of parties to appeal is prohibited under Privacy Act and other legislation. Case Management system does not allow for restricted access to case information.

5. Legislative frameworks or implications

There are significant challenges for all courts and tribunals in their efforts to expand online services available to the public. To some extent this situation is recognised in the provisions of the Electronic Transactions Act 1999 (ET Act) which exempts the practices and procedures of the AAT and other courts and tribunals from the provisions of that Act ( 2.2.13.4).

These challenges include ensuring the strict privacy and confidentiality demanded by participants in legal proceedings and implementing online procedures which effectively take account of the linkages between lodgment of applications, payment or waiver of fees, timeframes for lodgment and delivery of decisions etc.

6. Implementation strategies and timeframes

The Tribunal is satisfied with the extent of online implementation available to its clients at this stage. The Tribunal is involved in ongoing discussions as a member of the Australian Institute of Judicial Administration (AIJA) Steering Committee on Technology Protocols.

7. Evaluation and Continuous improvement

Evaluation strategies include the collection of web site statistics and the analysis and, where appropriate, the implementation of suggested improvements received from either online feedback or other media.

8. Approach to standards

Issue Standard or guideline Implementation requirements Progress Towards Implementation
Information Provision Online Information Service Obligations New material - 1 June 2000, existing material - 1 December 2000 Requirements met
Metadata Australian Government Locator Service Metadata Standard New material - 1 June 2000, existing material - 1 December 2000 Complies
Electronic Publishing, record keeping and archiving Guidelines for Commonwealth Information Published in Electronic Formats

E-Permanence Standard
New material - 1 June 2000, existing material - 1 December 2000 Requirements met

Requirements partially met. Progress continuing.
Accessibility Discrimination Act Advisory Notes 1 December 2000 Meet Priority 1 guidelines 100%. Priority 2 and Priority 3 guidelines will be met during next major site redesign.
Authentication Gatekeeper: A strategy for Public Key Technology Use in the Government Ongoing Not applicable at this stage as online services limited to information provision.
Privacy Guidelines for Federal and ACT Government World Wide Web Sites 1 June 2000 Complies
Security Australian Communications Security Instructions 33 and Protective Security Manual Ongoing Complies

9. Contact Details

Manager, Corporate Support
Administrative Appeals Tribunal
GPO Box 9955
Sydney NSW 2000

Ph: (02) 9391 2441
Fax: (02) 9391 5538

10. Web location of Online Action Plan

The AAT Online Action plan is available online at:
http://www.aat.gov.au/CorporatePublications/OnlineActionPlan.htm.