Practice Directions and GuidesGuidesGuide to the Social Security JurisdictionApril 2008 Version 1.1
ForewordThis guide provides information about how the AAT will manage applications for review of decisions relating to family assistance and social security matters. It applies to all applications lodged throughout Australia. It will apply on and from 19 May 2008. The AAT is required to provide a mechanism of review that is fair, just, economical, informal and quick. The AAT will assist the parties to attempt to reach an agreed outcome where possible while ensuring that appropriate steps are taken to prepare for hearing those matters that do not settle. The AAT aims to finalise less complex applications for review within 6 months of lodgement and more complex applications within 12 months of lodgement. The AAT is required to provide a mechanism of review that is fair, just, economical, informal and quick. The AAT will assist the parties to attempt to reach an agreed outcome where possible while ensuring that appropriate steps are taken to prepare for hearing those matters that do not settle. The AAT aims to finalise less complex applications for review within 6 months of lodgement and more complex applications within 12 months of lodgement. This guide sets out the procedures that the AAT will adopt in managing applications in this jurisdiction. It explains what is expected of parties and their representatives to assist the AAT during the review process. I note, in particular, that the decision-maker is required to use its best endeavours to assist the AAT in making its decision in relation to the proceeding. (1) What is expected of parties who are represented differs from what is expected of self-represented parties. The AAT recognises that the particular steps to be taken in moving each application towards resolution will vary. The AAT will determine in consultation with the parties what should be done to achieve resolution in an effective and efficient manner. The guide sets out certain procedural requirements that parties are expected to comply with. Directions will also be issued as necessary during the review process to ensure that applications progress in a timely manner and that parties and their representatives have clear guidance about what is required of them. Failure to comply with directions will be treated seriously. A flow chart of the usual steps in the review process is set out at Attachment A to the guide. A glossary of terms commonly used in the AAT is provided at Attachment B. Further information about practice and procedure in this jurisdiction, including documents referred to in this guide, can be obtained from the AAT's website at www.aat.gov.au or by contacting the AAT registry in your State or Territory. Garry Downes 3 April 2008 (Note 1) Subsection 33(1AA) of the Administrative Appeals Tribunal Act 1975.
Table of Contents1. Applying for review and interim applications 1.1 Applications for review 2. Section 37 Documents, Outreach and legal advice schemes 2.1 Section 37 Documents 3.1 Before the first conference 4. Other forms of Alternative Dispute Resolution 5. Finalising applications during the pre-hearing process 5.1 Withdrawing the application 6.1 Fixing hearing dates 8.1 Requests for adjournments
1. Applying for review and interim applications1.1 Applications for reviewThe AAT can review any decision that has been made by the Social Security Appeals Tribunal (SSAT) in relation to family assistance and social security matters. An application for review must be in writing and set out brief reasons for the application. The AAT's Form "Application for review of decision" can be used but it is not mandatory. The application can be lodged:
The application must be lodged with the AAT within 28 days after a person receives the SSAT's decision. However, a person can apply to the AAT for an extension of the 28-day time limit. No fee is payable to lodge an application. Further information about applying for review, including an application form, is available on the AAT's website (www.aat.gov.au) and from the AAT's registries. Contact details for the registries are set out on the back cover of this guide. Information about applying for an extension of the 28-day time limit is outlined in section 1.4 of the guide. 1.2 Who can apply for review and parties to the reviewAn application for review of a decision of the SSAT can be lodged by any individual whose interests are affected by the decision. The Secretary of any of the following Australian Government departments can also apply for review of an SSAT decision that relates to that department's areas of responsibility:
The person who applies for review, whether an individual or a department, is referred to by the AAT as "the applicant". Where the applicant is an individual, the relevant department is a party to the review and is referred to as "the respondent". Where an application is lodged by a department, the person who applied for review in the SSAT is automatically a party to the review and is referred to as "the respondent". In practice, the departments are represented by Centrelink or other legal service providers. However, the department's name will appear as the applicant or respondent in letters and other documents produced by the AAT. In some cases, more than one individual may have been involved in the review before the SSAT. This can occur, for example, in applications relating to family tax benefit. Either of those individuals can apply to the AAT for review. The other person is automatically a party to the review before the AAT and is referred to as a "third party". 1.3 Acknowledging an application for reviewWhen the AAT receives an application for review from an individual, it will send a letter to the applicant confirming that the application has been received. If the AAT has jurisdiction to deal with the application, it will notify Centrelink and any third party that the application has been lodged. When a department applies for review, the AAT will send a letter acknowledging the application. It will also send a letter to any individual who will be a party to the review advising that an application has been lodged. 1.4 Interim applicationsIn some cases, issues can arise during the review process that require what is known as an "interim application". Interim applications that are common in the social security jurisdiction include:
This section of the guide provides information on these types of applications and how the AAT will deal with them. 1.4.1 Extension of timeIf an application is not lodged with the AAT within the 28-day time limit, the applicant can apply for an extension of the time limit. An application for extension of time can be lodged at the same time as the application for review. If the AAT receives an application that does not appear to have been lodged within the time limit, the AAT will write to the person and explain that an application for extension of time must be lodged. An application to extend time must be in writing. The AAT's Form "Application for extension of time for lodging application for review of decision" can be used. In deciding whether to grant an order to extend time, the AAT may consider a range of relevant matters, including:
Other matters may also be regarded as relevant. 1.4.2 Stay ordersThe decision of the SSAT continues to operate even though an application for review has been lodged with the AAT. In some circumstances, a party may want to apply to the AAT for an order which "stays" (suspends) the operation or implementation of the SSAT decision until the AAT finalises the review. For example:
A request for a stay order must be in writing. The AAT's Form "Request for order about the operation or implementation of a decision" can be used. In considering whether to grant a stay order, the AAT may consider a range of relevant matters, including:
Other matters may also be regarded as relevant. A stay order can be made about the whole of a decision or part of a decision. For example:
The AAT will decide whether a stay order should be made and, if so, what type of order is appropriate. 1.4.3 JoinderAny person whose interests are affected by the SSAT decision can apply to become a party to an existing application. This is known as an application to be joined as a party or ‘joinder'. In some circumstances, the AAT may notify a person who is likely to be affected by the decision that the application has been received and invite that person to apply to be joined as a party. An application to be joined as a party must be in writing. The AAT's Form "Application to be made a party to a proceeding" can be used. In considering whether to grant a joinder application, the AAT considers:
1.4.4 ConfidentialityDocuments lodged with the AAT are usually made available to all of the parties involved in an application. If the AAT holds a hearing, it will normally be open to the public and the public will usually have access to documents lodged with the AAT and evidence given in the hearing. AAT decisions are usually made publicly available, including on the Internet. Parties can apply to the AAT for a confidentiality order at any stage during the review process. An order can be made under section 35 of the Administrative Appeals Tribunal Act 1975 that:
In considering whether to grant a confidentiality order, the AAT may consider a range of relevant matters, including:
Other matters may also be regarded as relevant. 1.4.5 How the AAT processes interim applicationsThe way in which the AAT will process interim applications differs for self-represented and represented parties. If a self-represented individual lodges an application, the AAT will provide a copy to the department's representative and ask the representative to notify the AAT within 14 days whether or not the department opposes the application. If the application is not opposed, the application will be referred to an AAT member who will generally make a decision without holding a hearing. If the department opposes the application, the AAT will usually hold a hearing before deciding the application. The hearing may be held in person or by telephone. The same procedure will be followed where a department lodges an interim application and an individual is represented. If the department lodges an application and an individual is self-represented, the AAT will send the person a copy of the application and then contact the person to explain the nature of the application. The AAT will determine whether to:
In relation to applications for stay orders lodged by a department, the AAT will usually list the matter directly for a hearing. If a self-represented party is asked to notify the AAT of his or her view, a hearing will usually be held only if the person opposes the application. If the person does not oppose the application, it will be referred to a member who will generally make a decision on the papers.
2. Section 37 Documents, Outreach and legal advice schemes2.1 Section 37 DocumentsWithin 28 days after receiving notice or confirmation that an application has been lodged, Centrelink must lodge with the AAT 2 copies of the documents required under section 37 of the Administrative Appeals AAT Act 1975. These documents are:
Centrelink must also send a copy of these documents to each other party (except for any document or part of a document that is subject to a confidentiality order made by the AAT). These documents are referred to as the "Section 37 Documents" or the "T Documents" - "T" standing for Tribunal. Further information about the requirements relating to the Section 37 Documents, including their presentation, is contained in the Practice Direction relating to Section 37 of the Administrative Appeals AAT Act 1975. The practice direction also sets out the procedure that applies if Centrelink wants to request a confidentiality order in relation to any of the Section 37 Documents. A person may request that the AAT shorten the 28-day time period for providing the Section 37 Documents on the basis that it would or might cause hardship. Centrelink may apply to the AAT to extend the 28-day time period. Such an application must be made if Centrelink is not able to provide the Section 37 Documents within the time period. This application must be made before the 28-day time period expires. If a person believes that relevant documents have not been included in the Section 37 Documents, this should be raised at the first conference. Please note that the AAT may, by notice in writing under section 37(2) of the Administrative Appeals AAT Act 1975, require Centrelink to lodge copies of particular other documents, or other documents included in a particular class of documents. 2.2 Statement of IssuesWhen an application has been lodged by an individual who is legally represented or by a department, the applicant must prepare a Statement of Issues. The statement must be lodged with the AAT and given to the other party at least 7 days prior to the first conference. The Statement of Issues should identify succinctly the issues that are considered to be in dispute. A sample Statement of Issues is set out at Attachment C to this guide. 2.3 OutreachThe AAT has an outreach program which is designed to provide self-represented parties with information about AAT practice and procedure. Outreach usually occurs shortly after the 37 Documents have been received. If there is an interim application, Outreach may be conducted at an earlier stage. The primary purposes of Outreach are:
Outreach is conducted by AAT staff. Where necessary, the person conducting Outreach will arrange for an interpreter to be available to assist before contacting the self-represented party. Further information on interpreters can be found on Section 8.2 of the guide. 2.4 Legal advice schemes, referrals and resourcesThe AAT has entered into arrangements with legal aid bodies in New South Wales, Queensland, South Australia, Victoria and Western Australia to provide a legal advice service at the AAT's premises. A legal aid solicitor attends the AAT's premises once per week or per fortnight. The AAT invites self-represented parties to make an appointment with the solicitor who provides initial advice and assistance. Further assistance and representation may be provided if the person is eligible for a grant of legal aid. Community legal centres also provide advice and may provide representation, including in the Australian Capital Territory and Tasmania. The AAT refers self-represented parties to community legal centres for assistance where appropriate. The AAT maintains on its website at www.aat.gov.au a list of organisations that may be able to provide advice and assistance in social security matters. A range of resources relating to family assistance and social security law and policy are available online. These include:
3. ConferencesConferences are the central component of the AAT's pre-hearing case management process. They are usually conducted by a Conference Registrar but may be conducted by an AAT member. The person who conducts a conference is referred to in this guide as the Conference Convenor. Conferences provide an opportunity for the AAT and the parties to:
In relation to gathering further supporting material, the AAT expects that parties will usually obtain this material at the same time. In some circumstances, however, it may be appropriate for one party to gather evidence first. This will be discussed at the first conference. In relation to exploring whether an agreed outcome can be reached, the Conference Convenor may make comments in relation to the strengths and weaknesses of each party's case during a conference.
In many cases, only one conference will be held. In some cases, two or more conferences may be held. The Conference Convenor will decide how many conferences are necessary. The first conference will usually be held 6 to 10 weeks after an application for review has been lodged. The timing of further conferences will be set by the Conference Convenor in consultation with the parties. The nature of the matter will determine the timing.
Where an individual is not represented, conferences will generally be held in person at the AAT. If it is not convenient for a self-represented party to attend in person because the person lives outside a capital city or overseas or for other reasons, the conference may be conducted by telephone. Where both parties are represented, conferences are generally held by telephone. However, if the Conference Convenor or the parties prefer, the conference may be held in person. Further information about conferences and how they are conducted, including a Conference Process Model, is available from the AAT's registries and on the AAT's website. 3.1 Before the first conference
Experience demonstrates that, where appointments for expert reports are made earlier in the review process, applications are finalised in a more timely manner. Where parties are represented, representatives should consider whether or not an expert report is likely to be obtained. If it is clear that such a report will be sought, the representative should make an appointment for the purpose of obtaining the report before the first conference. 3.2 At the first conferenceAt the first conference, the Conference Convenor and the parties will identify the legal and factual issues in the application. These will be discussed in detail. Where necessary, the Conference Convenor may require one or both parties to prepare a Statement of Issues or a supplementary Statement of Issues to clarify the issues in dispute. A sample Statement of Issues is set out at Attachment C to this guide. The Conference Convenor will discuss with the parties the enquiries and investigations they may undertake and the further supporting material that may be gathered. Discussion may relate to matters such as:
The Conference Convenor will explore with the parties the prospects for reaching an agreed outcome. This will inform the further steps to be taken, including whether the application should be referred to another type of Alternative Dispute Resolution (ADR) such as conciliation, mediation, case appraisal or neutral evaluation, or whether the matter should be listed for hearing. The Conference Convenor will determine in consultation with the parties what steps are to be taken before the next listing and a timetable for such steps. The Conference Convenor will be guided by the issues in the case and what will be effective and efficient in progressing the matter towards resolution. The Conference Convenor may issue a direction at the end of the conference specifying what must be done and by when. The direction may require one or both parties to:
If a second conference is to be held, the date for that conference will be set based on the timetable determined by the Conference Convenor. 3.3 After the first conference
Where an appointment is to be made with a medical practitioner or job capacity assessment provider, parties should endeavour to make the appointment for the earliest possible date. If an appointment is to be made for a job capacity assessment following a medical appointment, the department must attempt as far as practicable to schedule the appointments in a timely manner. Parties must give the following to the person who will be preparing a report:
The AAT may assist a self-represented party with the preparation of a letter for the purposes of obtaining a report from a medical practitioner on relevant issues in applications relating to disability support pension. Any expert report on which a party intends to rely must be lodged with the AAT and given to the other party as soon as practicable and, in general, no later than 10 days after it has been received by the party. The letter requesting the report should be provided with the report together with any attachments that contain material not already available to the AAT and the other party. The AAT is required to make the correct or preferable decision in relation to an application. It will be assisted in this task by having all relevant material available to it. Section 33(1AA) requires the decision-maker to use his or her best endeavours to assist the AAT to make its decision. Consistent with this requirement, the AAT expects that the department will lodge with the AAT all reports that it has obtained whether or not they are favourable to the other party.
The AAT has the power to order a person to produce documents to the AAT. If a party would like the AAT to issue a summons for documents that will be relevant to the review, a request should be made as early as possible in the review process. Information on the procedures relating to the issue of summonses and access to documents produced under summons is available from the AAT's registries. 3.4 Statements of Facts, Issues and ContentionsWhere an individual is represented, the AAT will generally require both parties to prepare a Statement of Facts, Issues and Contentions. Usually, the applicant will be required to prepare the Statement of Facts, Issues and Contentions first. The respondent will usually be required to prepare a statement in reply. Where an individual is not represented, the Conference Convenor will usually only require the department to prepare a Statement of Facts, Issues and Contentions. In appropriate cases, the Conference Convenor may ask a self-represented party to prepare a response to the statement, or a chronology of relevant events. The Statement of Facts, Issues and Contentions must clearly and concisely set out:
Any statement in reply should respond specifically to the Statement of Facts, Issues and Contentions noting what aspects are agreed, which are disputed and the alternative facts and/or contentions on which the party relies. A sample Statement of Facts, Issues and Contentions is set out at Attachment D to this guide. 3.5 Second and subsequent conferencesIn cases in which a second conference is held, the AAT and the parties will review progress in the matter. Any further supporting material that has been lodged with the AAT and the merits of each party's case will be discussed with a view to reaching an agreed outcome where possible or narrowing the issues in dispute. The Conference Convenor and the parties will discuss any new issues that may have arisen and the further steps to be taken in the application. The Conference Convenor in consultation with the parties will determine:
If the matter is to be listed for hearing, the Conference Convenor will discuss with the parties arrangements for the hearing, including its timing and location. The parties may raise for discussion whether the matter can be determined on the papers without holding a hearing. The Conference Convenor will issue a direction as necessary and appropriate at the end of the second or any further conference specifying what the parties must do and by when. The direction may require one or both parties to:
4. Other forms of Alternative Dispute ResolutionIn addition to conferences, other forms of ADR processes available to the AAT are conciliation, mediation, case appraisal and neutral evaluation. The definitions of these processes can be found in the "Glossary" section of this guide. The AAT has developed process models for each type of ADR process which are designed to assist parties to understand how such processes will be conducted. The AAT has also developed referral guidelines which set out a range of considerations to be taken into account in deciding whether to refer a matter to another ADR process and which ADR process may be appropriate. The referral guidelines and the process models can be found on the AAT's website.
5. Finalising applications during the pre-hearing process5.1 Withdrawing the applicationThe applicant can notify the AAT in writing at any time that he or she wants to discontinue or withdraw the application. A Notice of Withdrawal form is available on the AAT's website. When the AAT receives a notice of withdrawal, the application is taken to have been dismissed. The letter or other document notifying the AAT of the withdrawal must therefore clearly indicate that the party wishes to withdraw the application. The AAT will send out a formal acknowledgment of receipt of the notice of withdrawal and will inform any other party that the application has been discontinued or withdrawn. 5.2 Consent decisionsWhere the parties reach an agreement as to the terms of a decision in a matter, the AAT may give effect to the agreement if:
The terms of agreement must be in writing, signed by or on behalf of the parties and lodged with the AAT. The AAT Act draws a distinction between:
Where the parties have reached a Section 34D Agreement, the AAT must wait 7 days after the terms of agreement are lodged before making any decision. The AAT cannot make such a decision if either party notifies the AAT within 7 days after the terms were lodged that he or she wishes to withdraw from the agreement. Where the parties have lodged a Section 42C Agreement, the AAT may proceed to make a decision in accordance with the terms of agreement immediately. When preparing terms of agreement for a consent decision, parties must specify clearly whether the agreement is a Section 34D or Section 42C Agreement. Terms of agreement should be lodged as soon as possible after the agreement has been reached. 5.3 Agreements in debt recovery mattersThe parties may agree to settle an application concerning the recovery of a debt under section 182(1) of the Social Security (Administration) Act 1999 or section 146 of the A New Tax System (Family Assistance) (Administration) Act 1999. If the agreement is in writing and lodged with the AAT by the department, the application is taken to have been dismissed by the AAT. The dismissal of an application in these circumstances occurs automatically. The AAT is not required to make any order. However, the AAT will formally advise the parties in writing that the application has been dismissed. 5.4 Dismissal of an applicationThe AAT has the power to dismiss an application without proceeding to complete the review in a range of circumstances, including the following:
The respondent may apply to the AAT for a matter to be dismissed on one of these grounds but the AAT can also do so without any application. The applicant will generally be notified in advance that the application may be dismissed. The AAT has developed a specific set of procedures for dealing with a failure by a party to comply with any legislative requirement or AAT direction. For further information, refer to Section 8.3. 5.5 ReinstatementIf an application has been dismissed because the applicant failed to appear at an ADR process, directions hearing or hearing, the applicant can apply to the AAT to reinstate (recommence) the application: section 42A(9) of the Administrative Appeals Tribunal Act 1975. The application must be made within 28 days after the person receives notice of the dismissal. The AAT can also reinstate an application if it has been dismissed in error: section 42A(10) of the Administrative Appeals Tribunal Act 1975. There is no time limit for applying for reinstatement on this basis. When the AAT receives an application for reinstatement, it will be dealt with in the same manner as other interim applications. For information on how the AAT deals with interim applications, see Section 1.4.5 of this guide.
6. HearingWhere a matter has not been finalised during the pre-hearing process, the AAT will usually hold a hearing to determine the application. In most cases, the hearing will be held at the AAT with the parties attending in person. In some cases, the AAT will hold hearings in regional centres. The AAT may also conduct the hearing by telephone or by video link. Hearings with individuals who are overseas will generally be conducted by telephone. In some cases, the parties may ask the AAT to determine the application without holding a hearing. This is discussed in more detail at Section 6.2. General information about hearings is available from the AAT's registries and on the AAT's website. 6.1 Fixing hearing dates
Where a hearing is to be listed, the AAT will usually ask parties who are represented to lodge a Hearing Certificate with the AAT and give a copy to the other party. The Hearing Certificate asks for information about:
Hearing Certificates must be lodged within the time specified by the AAT. In accordance with the AAT's Listing and Adjournment Practice Direction, the AAT may list an application for hearing without further consultation if a party fails to do so. In general, a party who is not represented will not be asked to lodge a Hearing Certificate. A Conference Convenor will usually request information relating to the person's availability for the hearing at the last conference. The AAT will use its best efforts to:
Please note that the procedures for listing hearings to be held in regional centres may differ from the usual procedures.
On receiving the listing notice for the hearing, parties must ensure that all persons who will be involved in the hearing, including any witnesses, are advised of the hearing date(s) as soon as possible. Parties should communicate with each other to ensure that witnesses have not been asked to appear at the same time. Where the parties are represented, a Certificate of Readiness may be sent with the listing notice at the discretion of the District Registrar. The Certificate of Readiness requires the parties to confirm that arrangements have been made for the hearing to proceed on the listed date and to notify the AAT of any other relevant matters. If a Certificate of Readiness is issued, it must be lodged with the AAT within 14 days of receiving the listing notice. 6.2 Determining an application without holding a hearingThe AAT can determine an application without holding a hearing if:
The AAT will usually ask parties to confirm in writing that they consent to the application being determined in this way. The AAT will review the decision by considering the documents or other materials that are before it. 6.3 Before the hearing
The AAT expects that, in general, all evidence to be relied on at the hearing will have been identified during the pre-hearing process. Parties must comply with any directions issued or timetables set for giving documents or other material to the AAT and the other party prior to the hearing. If a party anticipates or experiences any difficulty in meeting these obligations, this should be brought to the attention of the AAT as soon as possible.
The AAT will generally receive into evidence a medical or other expert report that has been lodged with the AAT and given to the other party, whether or not the author of the report gives oral evidence. Parties should consider carefully whether it is necessary for medical practitioners or other experts to give oral evidence at a hearing. Oral evidence will usually be necessary where there are differences of opinion in the reports that are to be relied upon. Where oral evidence is to be given, arrangements for the attendance of an expert at a hearing will generally be made by the party seeking to rely on the report. If a party was not intending to call the author of a report to give evidence but the other party requires that person for cross-examination, the parties should liaise as necessary in relation to who will arrange the person's attendance. Failure of the author to give evidence in these circumstances will not, in itself, render the report incapable of being taken into account but may be relevant in assessing the weight to be given to the report.
If the AAT agrees, part of any hearing may be conducted by telephone or video link. This may be appropriate, for example, where evidence is to be given by an expert witness who is unable to attend in person. A party who would like a person to give evidence by telephone or video link must seek permission before the hearing. If a party is represented, any request for evidence to be taken by telephone or video link must be made in writing. The request must:
If a party is not represented, the person may contact the AAT by telephone or in writing and explain why the evidence should be taken by telephone or video link. The AAT will ask the department whether or not it opposes the request. The AAT member(s) who will hear the case will decide whether or not the request will be granted. The AAT may wish to conduct a directions hearing in person or by telephone before making a decision. Where evidence is to be given either by telephone or video link, the party must give the AAT all relevant details, including the location of the witness, the telephone numbers and the date, time and estimated duration. The party must also ensure that the witness will have access to all relevant documents when the witness gives evidence. Unless the parties otherwise agree, the costs of taking the evidence by video link are to be paid by the party who requires the witness to give evidence. However, the AAT may waive the charges. If no specific direction as to waiver is given by the member(s) who will decide the case, application can be made to the District Registrar to waive the charges on the basis that, having regard to the income, day to day living expenses, liabilities and assets of the party concerned, payment of the charges would cause financial hardship to the person.
Parties who are represented must give to the AAT and to the other party a list of cases on which they intend to rely at the hearing at least 2 working days before the hearing. A party who is not represented will generally not be required to provide a list of cases.
Before the hearing date, AAT staff may contact self-represented parties by telephone to confirm the arrangements for the hearing, including whether an interpreter is required. At the request of a party or of its own motion, the AAT member(s) who will decide the case may hold a directions hearing in person or by telephone to discuss with the parties any issues in relation to the hearing. Directions will be issued as necessary to ensure that any outstanding matters are completed prior to the hearing. 6.4 At the hearing
The AAT expects that the parties will be ready for the hearing to commence promptly at the listed time. At the commencement of the hearing, parties who are represented should inform the AAT:
The AAT allocates a certain amount of time for the hearing following an assessment of the information provided by the parties. The AAT and the parties must make every effort to ensure that the hearing is completed within the allocated time. On rare occasions, it may be necessary for further material to be lodged and/or written submissions to be made after the hearing. The AAT will allow this only where it is strictly necessary. Any further material and/or written submissions must be lodged in accordance with the timetable set by the AAT. If this does not occur, the AAT may proceed to make a decision without the material.
7. DecisionThe AAT may give its decision and reasons for decision at the end of the hearing or at a later date. If the decision is not given at the end of the hearing, the AAT will endeavour to give its decision and reasons within 2 months of:
If the AAT gives its decision at the end of the hearing, a copy of the formal decision will be sent to the parties. If a party would like the reasons for decision in writing, the party must make a request for written reasons within 28 days after receiving the formal decision. The request can be made in writing or by telephoning the AAT. The AAT will send a copy of its written reasons to both parties within 28 days after receiving the request.
8. Other matters8.1 Requests for adjournments
If a party is unable to attend a conference or other ADR process or believes that it should be postponed, the party must make a request for an adjournment. The request must be made as early as possible. The AAT will not grant an adjournment unless there are good reasons to do so. If a party is represented, a request for an adjournment of a conference or other ADR process must be made in writing. The request must:
A person who is not represented must contact the AAT by telephone or in writing to explain the reasons for requesting a postponement. The AAT may ask the person to put the reasons in writing. The AAT will ask the department whether it objects to the request and then decide whether or not to grant the request.
The AAT has a Listing and Adjournment Practice Direction that sets out the policy and procedures of the AAT in relation to requests for adjournments of a hearing. An adjournment will only be granted if there are good reasons to do so and a party should not assume that a request for an adjournment will be granted. An application for an adjournment of a hearing must be made in writing and addressed to the District Registrar. The application must:
If the party seeking the adjournment is represented, the written request for an adjournment should also indicate whether or not the other party objects to the adjournment. Please note that the AAT will generally hold a hearing in relation to the adjournment application, either in person or by telephone. 8.2 InterpretersInterpreters for conferences, hearings and other events will be arranged and paid for by the AAT. If an interpreter is required, parties who are represented must advise the AAT in sufficient time to enable an interpreter to be engaged. Parties must advise the AAT which language and/or dialect is required. Generally, interpreters will be accredited with the National Accreditation Authority for Translators and Interpreters at the first professional level, Interpreter. Only in languages where no professional level interpreter is accredited will a Paraprofessional Interpreter be used. 8.3 Non-compliance with legislative requirements and AAT directionsFailure to comply with legislative requirements and directions issued by the AAT can significantly delay the timely finalisation of applications for review. The AAT will treat non-compliance seriously. Where a represented party becomes aware that it may not be able to comply with a legislative requirement or AAT direction, the party should write to the AAT in advance of the deadline to request further time within which to comply. The request must:
A person who is not represented must contact the AAT by telephone or in writing to ask for further time. The AAT will seek the view of any other party in relation to the request and the AAT will then decide whether or not further time will be granted. Where a party fails to comply with a legislative requirement or a direction issued by the AAT, the following procedures will generally apply:
The AAT will also send a copy of the letter to the non-offending party. However, the non-offending party is not required to attend the directions hearing unless it wishes to do so or the AAT requests that the party attend. Where there has been a history of failure to comply by a particular representative, the AAT may also send a copy of the notice directly to an individual party or department. Failure to comply with legislative requirements and AAT directions may have a number of consequences. They include:
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