Speeches, papers and research

The Obligation to Assist: Model Litigants in Administrative Appeals Tribunal Proceedings Seminar

A full day seminar was jointly hosted by the AAT Canberra Registry and the Australian Capital Territory Bar Association on 26 August 2009 at the Visions Theatre, National Museum of Australia, Canberra.

The seminar addressed issues and best practice concerning the obligation of government decision-makers:

• to assist the Tribunal under subs 33(1AA) of the Administrative Appeals Tribunal Act 1975, and

• to comply with the Legal Services Directions 2005 (as amended), including the model litigant rules, in the conduct of proceedings before the Tribunal.

The purpose of the seminar was to promote and clarify the obligations on decision-makers and government agencies in proceedings before the Tribunal, with a view to identifying issues and advancing best practice.

PROGRAM

Links to papers and presentations are provided where available.

9.00 am - 10.00 am SESSION 1 - Overview

Welcome
Mr Stuart Pilkinton, President, ACT Bar Association

Introduction: The obligation to assist
The Hon Justice Garry Downes AM, President, Administrative Appeals Tribunal
[ Paper ]

Keynote address: Legal Services Directions and Model Litigant Obligations
The Hon Robert McClelland MP, Attorney-General
[ Paper   ]

10.30 am - 12:00 pm SESSION 2 - Issues

Issues for decision-makers
Mr Roger Wilkins, Secretary, Attorney-General's Department
[ Paper ]

Issues for representatives
Mr Tom Howe QC, General Counsel, Australian Government Solicitor

Issues in proceedings - the Bar
Mr Philip Walker, Barrister
[ Paper ]

Issues in proceedings - the Tribunal
Senior Member James Constance, Administrative Appeals Tribunal
[ Paper ]

Panel Discussion
Chair - Mr Stuart Pilkinton, President, ACT Bar Association

1.00 pm - 2.30 pm SESSION 3 - Approaching Best Practice: Evidence

Decision-makers and agencies - When is enough, enough?
Mr Steve Kibble, Acting Chief Executive Officer, Comcare
[ Paper ]

Expert opinion evidence
Ms Carolyn Spiers, National Manager, Principal Legal Advisor, Department of Veterans' Affairs

Self represented claimants
Ms Kathryn Johnson, National Manager, Centrelink
[ Presentation ]

Issues concerning settlements and commercial considerations - In search of solutions
Mr Michael D'Ascenzo, Commissioner for Taxation, Australian Tax Office
[ Paper  ]

Panel Discussion
Chair - Senior Member James Constance, Administrative Appeals Tribunal

3:00 pm - 4:30 pm SESSION 4 - Approaching Best Practice: Procedure

Issues concerning legal advice and representation
Mr Andrew Metcalfe, Secretary, Department of Immigration and Citizenship
[ Paper   ]

Agency appeals to the AAT - a departmental perspective
Mr George Kriz, Chief Legal Officer, Department of Employment, Education and Workplace Relations
[ Presentation ]

Instructors - stages of decision-making
Mr David Sullivan, Senior Manager, Litigation, Australian Prudential Regulation Authority

Issues of consistency, standards and compliance
Mr Ian Govey, Deputy Secretary, Attorney-General's Department
[ Paper ]

Panel Discussion
Chair - Ms Lorraine Walker, Barrister, ACT Bar Association

4.30 pm - 4:45 pm Outcomes

Closing remarks
The Hon Justice Garry Downes AM, President, Administrative Appeals Tribunal