Coat of Arms - Click to return to home page Administrative Appeals Tribunal
 

Administrative Appeals Tribunal - www.aat.gov.au

Forms and fees

Information about application fees

Application fees

If you apply to the Administrative Appeals Tribunal for review of a decision, you might have to pay an application fee. The circumstances in which you do not have to pay a fee are set out below.

If a fee is payable, the standard application fee is $682 if paid prior to 1 July 2010 and $777 if paid on or after 1 July 2010. Your application cannot proceed until you pay the application fee or the fee has been waived. The application fee is refunded when the review is completed if the AAT decides that it has been finalised in your favour.

In the Small Taxation Claims Tribunal, the application fee is $68 if paid prior to 1 July 2010 and $77 if paid on or after 1 July 2010. The STCT fee is not refundable in any circumstances.

When do you not have to pay an application fee?

In certain circumstances, you do not have to pay the application fee.

  1. No fee is payable if the decision to be reviewed has been made under one of the pieces of legislation listed in Schedule 3 to the Administrative Appeals Tribunal Regulations 1976 (see list below).

Please contact the AAT if the decision has been made under legislation on this list.

  1. You do not have to pay an application fee if you fall into one of the groups below:
  • you are receiving legal aid for your application;
  • you hold a health care card, a pensioner concession card, a Commonwealth seniors health card or any other card that certifies entitlement to Commonwealth health concessions;
  • you are in prison or lawfully detained in a public institution;
  • you are under 18 years of age; or
  • you are receiving youth allowance, austudy or ABSTUDY.

If you fall into one of these groups, please inform the AAT and provide proof as soon as possible. The AAT can advise you about what type of proof you should provide.

  1. The AAT may waive the application fee if payment of the fee would cause you financial hardship.

If you want to apply to have the fee waived, you will need to provide information relating to your financial circumstances. You can ask for an Application by an Individual for Fee Waiver form (PDF version or RTF version).

If you do not fall within any of the three categories listed above, you must pay the application fee.

Can you get the fees waived?

The Registrar, a District or Deputy Registrar of the AAT may waive payment of an application fee if they decide that paying the fee would cause you financial hardship. In making this decision, a Registrar will take into account your financial circumstances.

What is financial hardship?

A Registrar will take into account a range of factors when deciding whether the payment of the application fee will cause you financial hardship. In making the decision whether to waive the fee, a Registrar will compare the amount you earn, your living expenses, your assets and debts with how much you spend.

What will a Registrar take into account?

A Registrar will take into account:

  1. How much money you and your partner earn.
  1. Whether payment of the application fee will affect your ability to pay the following expenses for yourself, your partner or your children:
  • food and clothes;
  • rent or mortgage payments;
  • health care;
  • education;
  • any other basic needs;
  • or any special needs (for a serious illness or disability).
  1. Whether you own any assets, such as a car or house. Assets also include:
  • investments;
  • money in the bank;
  • cash on hand for short term expenses; and
  • money for special needs.
  1. Whether you have any debts.

How do you apply for waiver on the grounds of financial hardship?

An application for waiver of an application fee must be made in writing to the AAT. You can fill out an Application by an Individual for Fee Waiver form (PDF version or RTF version). Once you have completed the form, you should lodge it with the AAT. However, you do not have to use this form. You can apply for waiver of the application fee in a letter and give the necessary information about your financial circumstances. If you have difficulty doing this, please contact us.

What information should you give a Registrar?

You will need to give a Registrar as much information as possible about your financial needs and income, as asked for in the application for waiver form. The information that you give in this form is confidential and will only be seen by a Registrar and AAT staff who are involved in processing your request for waiver.

When will a Registrar make a decision?

After you have lodged your application for wavier and given the information needed, a Registrar will consider your financial situation and then make a decision. You will receive a letter telling you whether or not your application has been successful. The decision will be made within three working days from the time you applied for waiver.

What happens to your application for review while the waiver is being considered?

There is a time limit on making an application for review to the AAT. The time limit may run out while a Registrar is considering your request for waiver of the application fee.

Generally, an application to the AAT must be made within 28 days from the date that you received the decision.  However, this time limit can change depending on type of decision that you have asked to be reviewed. Check with us if you are unsure about the length of time you have to make your application.

If the time limit will run out while your request for waiver is being considered, you may apply for an extension of time to lodge your application or you may pay the application fee so that your application for review can be accepted. The AAT can only accept your application for review once the application fee is paid or the payment of the fee is waived.

We can answer any questions you may have about an extension of time and how you can apply it.

What if you have more than one application for review?

You have to pay an application fee on each application for review that you make with the AAT. However, if you make two or more similar applications for review of decisions, you can apply to a Registrar to make an Order that you only have to pay one fee.

If you decide to apply to pay only one fee, you must put this application in writing and lodge it at the AAT.

Can you do anything if your request for waiver of the fee is refused?

If your request for waiver of the application fee is refused, you have a right to appeal a Registrar's decision. A Registrar must give you written reasons for the decision and information on how to appeal against the decision. If you decide to appeal, you will have to pay a fee. A Member of the Tribunal will then hear the appeal.

If you do not appeal within 28 days or if you do appeal and it is unsuccessful, you must pay the application fee if you want your application for review to be heard by the AAT.

Can an application fee be refunded?

If you have paid an application fee, it will be refunded if the AAT makes a final decision in your favour.

Decisions which do NOT attract an application fee under Schedule 3 of the Administrative Appeals Tribunal Regulations 1976

Decisions under the following Acts or enactments:

  • Any determination under section 58B of the Defence Act 1903;
  • A New Tax System (Family Assistance) Act 1999, A New Tax System (Family Assistance) (Administration) Act 1999, Schedules 5 and 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000
  • Defence Force Retirement and Death Benefits Act 1973;
  • Defence Service Homes Act 1918;
  • Part III of the Disability Services Act 1986;
  • First Home Owners Act 1983;
  • Home Deposit Assistance Act 1982;
  • Homes Savings Grant Act 1976;
  • Subsection 40AA(8), 40AA(10), section 40AB, 40ABA or 40AC of the National Health Act 1953;
  • Subsection 4(7) of the Nursing Homes Assistance Act 1974;
  • Papua New Guinea (Staffing Assistance) Act 1973 and Papua New Guinea Staffing Assistance (Superannuation) Regulations;
  • Safety Rehabilitation and Compensation Act 1988;
  • Seafarers Rehabilitation and Compensation Act 1992;
  • Social Security Act 1991, Social Security (Administration) Act 1999; Social Security (International Agreements) Act 1999;
  • Superannuation Act 1976;
  • Student and Youth Assistance Act 1973, other than Division 6 of Part 4A;
  • Veterans' Entitlements Act 1986.

If you need more information please call your local AAT office on: 1300 366 700.

Residents of the Northern Territory will be connected to Brisbane for the cost of a local call.

If you are deaf or have a hearing or speech impairment you can call through the National Relay Service. TTY users can phone 133 677 then ask for 1300 366 700. Speak and Listen (speech-to-speech relay) users can phone 1300 555 727 then ask for 1300 366 700. Internet relay users can connect to the National Relay Service (see www.relayservice.com.au for details) and then ask for 1300 366 700. Hearing (induction) Loops are available at each Tribunal counter and in hearing and conference rooms.

 

Share |