Jurisdiction
The AAT does not have a general power to review decisions made under Commonwealth legislation. The AAT can only review a decision if an Act, Regulation or other legislative instrument specifically provides that the AAT can review the decision.
The AAT maintains a list of the enactments under which decisions may be made that the AAT can review. The list includes a brief description of the decisions that the AAT can review. The list is called the Jurisdiction List and you can download it here:
The list is arranged alphabetically by the short title of the enactment and provides the following information.
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The short title of the enactment pursuant to which reviewable decisions are made is in bold type.
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The provision of the enactment or other enactment which provides that application may be made to the AAT for review is underlined. The number and year of the enactment which introduced these provisions and any enactments that have amended the provisions are noted in parentheses.
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The provisions of the enactment pursuant to which a reviewable decision may be made are noted in the left column.
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A brief description of the reviewable decisions is provided in the right column.
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Where the provisions of an Act or other enactment affecting the AAT's jurisdiction have not yet commenced, the relevant entries appear in italics. A note at the end of the entry indicates the commencement date.
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Where an enactment or a provision is to be repealed, the repealed enactment or provision is underlined with an explanatory note below. Where an enactment or a provision has been repealed, it will be underlined and italicised. The relevant enactment or provision will generally be removed from the Jurisdiction List 3 months after the date of the repeal.
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Other information relevant to an entry, including any variation to the standard 28-day time limit for lodging an application for review is set out in a note below the particular entry.
The list includes those enactments which allow the AAT to provide an advisory opinion. Advisory opinions are not decisions subject to review.
The AAT's Policy and Research Section maintains this list. Any questions about the list should be sent to research@aat.gov.au. An updated version of the list is generally published on a quarterly basis.
Disclaimer: While the AAT has exercised due care in ensuring the accuracy of the material in the Jurisdiction List, the AAT does not warrant or represent that the information is free of errors or omissions. The AAT will not be liable to persons who rely on the information contained in the list for any loss, damage, cost or expense whether direct, indirect, consequential or special, incurred by, or arising by reason of, any person using or relying on the list, whether caused by reason of any error, omission or misrepresentation in the list. A conclusive determination as to whether the AAT is able to review a particular decision can only be made once the AAT has received an application for review.