Practice Directions, Guides and Guidelines

Practice Directions

The following practice directions issued by the Tribunal are currently in force.

1. General Practice Direction

The General Practice Direction issued on 26 March 2007 sets out the procedure that will be adopted for many types of applications lodged in the Tribunal where the applicant is represented. It is designed to assist the Tribunal achieve the dual purpose of attempting to obtain an agreed resolution where possible while ensuring that appropriate steps are taken to prepare for hearing those matters which do not settle. The procedures in the General Practice Direction can be varied by specific direction of the Tribunal.

Please note that the General Practice Direction does not apply to the following types of applications:

• applications for review of decisions made under the Safety, Rehabilitation and Compensation Act 1988 or the Seafarers Rehabilitation and Compensation Act 1992; and
• applications for review of a security assessment under section 54 of the Australian Security Intelligence Organisation Act 1979.

See the Guide to the Workers' Compensation Jurisdiction for information on the procedures that apply in that jurisdiction. Information on procedures in the Security Appeals Division can be found at http://www.aat.gov.au/ApplyingToTheAAT/SecurityAppeals.htm.

The General Practice Direction was varied on 19 May 2008 to remove from its scope applications for review of decisions made by the Social Security Appeals Tribunal relating to family assistance and social security matters. See the Guide to the Social Security Jurisdiction for information on the procedures that will apply in that jurisdiction.

2. Practice Direction relating to Section 37 of the Administrative Appeals Tribunal Act 1975

The Practice Direction relating to Section 37 of the Administrative Appeals Tribunal Act 1975 sets out the Tribunal's policy and procedures in relation to the documents that a decision-maker must provide to the Tribunal under section 37 of the Administrative Appeals Tribunal Act 1975.

3. Listing and Adjournment Practice Direction

The Listing and Adjournment Practice Direction sets out the Tribunal's approach to fixing hearings and dealing with requests for adjournments. This practice direction applies to all parties to applications lodged in the Tribunal throughout Australia.

4. Small Taxation Claims Tribunal Practice Direction

The Small Taxation Claims Tribunal Practice Direction sets out the procedures to be adopted in all STCT applications lodged with the Tribunal throughout Australia.

5. Freedom of Information Practice Direction

The Freedom of Information Practice Direction sets out the practice to be followed with respect to applications for review lodged under the Freedom of Information Act 1982 (Cth). The practice direction can be varied by specific directions of the Tribunal.

Draft Practice Direction relating to Taxation of Costs

In limited circumstances, the Tribunal can order that a party to a proceeding must pay the costs incurred by another party. A power to award costs is found in the Military Rehabilitation and Compensation Act 2004, the Safety, Rehabilitation and Compensation Act 1988 and the Seafarers Rehabilitation and Compensation Act 1992. Where a costs order has been made and the parties are unable to agree on the amount, the costs may be taxed by the Tribunal.

The Tribunal has been reviewing the way in which costs are taxed. A draft practice direction has been developed setting out a revised procedure that will allow costs to be determined in a more flexible manner, including by way of agreement between the parties.

• Download the [Draft] Practice Direction relating to Taxation of Costs [ PDF version | Word version ]

If you have any questions about the draft practice direction, please contact Chris Matthies, Manager, Policy and Research on (02) 9391 2474.