This page provides information about the access arrangements we have in place to give people information about some AAT cases without making a formal request under the Freedom of Information Act 1982.
Access to written material in AAT cases in the Migration & Refugee Division
If you have an active case in the Migration & Refugee Division, you or your assistant might be able to access written material given or produced to the AAT under section 362A of the Migration Act 1958.
Access to information and documents in AAT cases in certain other Divisions
The following information applies to cases dealt with in the AAT’s General Division, Freedom of Information Division, National Disability Insurance Scheme Division, Taxation & Commercial Division or Veterans’ Appeals Division. We can give parties and non-parties certain information and documents relating to cases in these Divisions as described below.
Access to information about AAT cases
Parties, their representatives and members of the public can use eCase Search, our online case search tool, to access publicly available information about applications lodged with the AAT on or after 18 March 2013. Information about a case is usually first made available seven days after the application has been lodged.
The available information includes:
- the names of the parties and any representatives
- the type of application
- dates of conferences, hearings or other case events
- the types of key documents lodged by the parties, and
- the outcome of an application.
No information is available on eCase Search about applications that are subject to confidentiality restrictions.
A list of the cases that have a conference, hearing or other event is published daily on the AAT website and in some major newspapers.
What do I do if I can't find information about a case on eCase Search or the application was lodged before 18 March 2013?
If you are a party or the representative of a party seeking information about your case, contact the registry dealing with your application.
If you are a media representative or other person who is not a party or representative in relation to a case, you can request information about a case by contacting the AAT’s Principal Registry at email@example.com. Subject to any confidentiality restrictions, we will usually release information about a case of the kind referred to above.
Access to documents in AAT cases
Access by parties and their representatives
In general, parties to an application and their representatives can inspect any document on the case file. Access to a document will not be permitted if:
- it is subject to a confidentiality restriction
- it has been produced in response to a summons and the AAT has not given the party leave to inspect that document.
Copies may be made of any document that a party or representative is permitted to inspect (other than transcript). We usually charges a fee for each page that is copied.
If you want to inspect any documents in your case, contact the registry dealing with the application.
Access by non-parties, including media representatives
What documents can a non-party usually access?
We do not usually allow a non-party to inspect documents relating to an application before a public hearing has been held in the case.
After a public hearing has been held and subject to any confidentiality restrictions, the AAT will usually allow a non-party to inspect:
- the evidence before the AAT
- any transcript of the hearing held by the AAT.
Subject to any confidentiality restrictions, we will usually allow a non-party to inspect any interlocutory order or any decision or order that finalises an application, whether or not a public hearing has been held.
How do I access documents relating to a case in the AAT?
AAT decisions can usually be accessed on the AustLII website. If you are looking for an AAT decision you can't find on AustLII, email us at firstname.lastname@example.org.
If you want to inspect any other document in a case, you must submit a Request by Non-Party for Access to Tribunal Documents form.
A completed form must be lodged with the registry dealing with the application.
Please note that we may refer the request to the parties in the application and seek their views on the request. We might also hold a hearing before making a decision on a request.
If your request is approved, you will be contacted by the registry to make an appointment to inspect the documents.
Subject to any order to the contrary, copies may be made of any document that you are permitted to inspect (other than transcript). We usually charge a fee for each page that is copied.