Appendix 4 - Additional caseload statistics

This appendix contains the following tables providing additional information about the AAT’s activities:

A4.1 Applications lodged and applications finalised, 2016–17

A4.2 Outcomes of reviews – Proportion of applications in which the AAT changed the decision under review by division and major areas of work within divisions, 2015–16 to 2016–17

A4.3 Outcomes of reviews – By division and major areas of work within divisions, 2016–17

A4.4 Number of alternative dispute resolution processes, directions hearings and hearings, 2014–15 to 2016–17

A4.5 Court appeals lodged and finalised – By division and major areas of work within divisions, 2016–17

Table A4.1 Applications lodged and applications finalised, 2016–17
  APPLICATIONS LODGED APPLICATIONS FINALISED
No % of total No % of total
APPLICATIONS FOR REVIEW OF DECISIONS UNDER COMMONWEALTH LAWS
– BY AUSTRALIAN GOVERNMENT PORTFOLIO
AGRICULTURE AND WATER RESOURCES
Agricultural and veterinary chemicals 9 11
Export and import control 1 1
Meat and live-stock 1 1
Subtotal 11 <1% 13 <1%
ATTORNEY-GENERAL’S
Archives (other than decisions relating to ASIO records) 2 1
Archives decisions relating to ASIO records 0   0  
ASIO security assessments 10 10
Background checking 1 2
Bankruptcy 16 11
Freedom of information 39 34
Marriage celebrants 6 7
Personal property securities 2 2
Privacy 3 2
Waiver of fees in courts 5 4
Subtotal 84 <1% 73 <1%
COMMUNICATIONS AND THE ARTS
Protection of movable cultural heritage 0 1
Tax offset for films 0 2
Subtotal 0 0% 3 <1%
DEFENCE (including VETERANS’ AFFAIRS)
Defence Force retirement and death benefits 6 4
Military Rehabilitation and Compensation Act 2004 103 92
Safety, Rehabilitation and Compensation Act 1988 (defence-related claims) 178   127  
Veterans’ entitlements 227 216
Other 3 4
Subtotal 517 1% 443 1%
EDUCATION AND TRAINING
Child care services/registered carers 13 4
Education services for overseas students 23 17
Higher education funding 62 63
Mutual recognition of occupations 61 81
National vocational education and training regulation 92 73  
School education 1   1  
Tertiary education quality and standards 6   5  
Trade support loans 0   1  
Subtotal 258 <1% 245 <1%
EMPLOYMENT
Fair entitlements guarantee 21   43  
Safety, Rehabilitation and Compensation Act 1988 (other than defence-related claims) 1,704   1,468  
Seafarers Rehabilitation and Compensation Act 1992 37   64  
Subtotal 1,762 3% 1,575 4%
ENVIRONMENT AND ENERGY
Clean energy regulation 0   1  
Great Barrier Reef Marine Park 2   1  
Hazardous waste 1   2  
Subtotal 3 <1% 4 <1%
FINANCE
Electoral matters 1   2  
Subtotal 1 <1% 2 <1%
FOREIGN AFFAIRS AND TRADE
Export market development grants 7   3  
Passports 18   18  
Subtotal 25 <1% 21 <1%
HEALTH
Aged care 43   35  
Medicare 5   3  
Pharmacists 7   11  
Sports anti-doping 1   2  
Therapeutic goods 1   3  
Subtotal 57 <1% 54 <1%
IMMIGRATION AND BORDER PROTECTION
Citizenship 322   268  
Customs 16   23  
Migration agent registration 8   9  
Prohibited imports and exports 0   1  
Visa decisions (other than relating to character) 26,604   18,908  
Visa decisions relating to character 183   168  
Subtotal 27,133 53% 19,377 46%
INDUSTRY, INNOVATION AND SCIENCE
Automotive industry 1   1  
Industry research and development 21   17  
Patents, designs and trade marks 5   6  
Subtotal 27 <1% 24 <1%
INFRASTRUCTURE AND REGIONAL DEVELOPMENT
Airports 1   2  
Aviation and maritime transport security 1   0  
Civil aviation 20   28  
Maritime safety 2   5  
Motor vehicle standards 12   10  
Subtotal 36 <1% 45 <1%
PRIME MINISTER AND CABINET
Aboriginal corporations, councils and associations 1   1  
Subtotal 1 <1% 1 <1%
SOCIAL SERVICES
Centrelink (first review and second review) 17,481   16,554  
Child support (first review and second review) 2,343   2,156  
National Disability Insurance Scheme 215   89  
National Rental Affordability Scheme 1   2  
Paid parental leave (first review and second review) 269   257  
Subtotal 20,309 39% 19,058 45%
TREASURY
Banking 1   1  
Business names registration 19   20  
Consumer credit 5   6  
Corporations and financial services 32   37  
Insurance and superannuation 1   1  
Tax agents 13   25  
Taxation 854   920  
Subtotal 925 2% 1,010 2%
SUBTOTAL for PORTFOLIOS 51,149 99% 41,948 99%
APPLICATIONS UNDER THE ADMINISTRATIVE APPEALS TRIBUNAL ACT – OTHER
Applications for extension of time without application for review 113   107  
Applications relating to decisions not subject to AAT review 159   164  
Applications relating to decisions about AAT application fees 5   4  
Subtotal 277 <1% 275 <1%
APPLICATIONS UNDER NORFOLK ISLAND LAWS
Planning 0   1  
Subtotal 0 0% 1 <1%
TOTALa 51,426 100% 42,224 100%

a Percentages may not total 100% due to rounding.

Table A4.2 Outcomes of reviews – Proportion of applications in which the AAT changed the decision under review by division and major areas of work within divisions, 2015–16 to 2016–17
DIVISION/AREA OF WORK PROPORTION OF APPLICATIONS IN WHICH THE AAT
CHANGED THE DECISION UNDER REVIEWa
2015–16 2016–17
Freedom of Information 39% 32%
General 23% 24%
   Centrelink (2nd review) 20% 21%
   Workers’ compensationb 33% 31%
Other 18% 22%
Migration and Refugee 32% 31%
   Migration 37% 38%
   Refugee 16% 11%
National Disability Insurance Scheme 42% 25%
Security 7% 0%
Social Services and Child Support 24% 22%
   Centrelink (1st review) 22% 20%
   Child support 41% 34%
   Paid parental leave 6% 7%
Taxation and Commercial 44% 37%
   Taxation 49% 40%
   Otherc 10% 13%
Veterans’ Appeals 49% 34%
ALL AAT 28% 26%

a The decision under review is treated as having been changed if the AAT varies or sets aside the decision or remits the matter to the decision-maker for reconsideration by way of a decision under section 43 of the Administrative Appeals Tribunal Act or section 349 or 415 of the Migration Act, or by way of a decision made in accordance with terms of agreement reached by the parties under section 34D or 42C of the Administrative Appeals Tribunal Act.

b These figures include applications for review of decisions about defence-related claims under the Safety, Rehabilitation and Compensation Act 1988 which are formally allocated to the Veterans’ Appeals Division.

c These figures include all non-taxation applications managed within the Taxation and Commercial Division whether or not formally allocated to that division: see the Review of Taxation and Commercial Decisions Practice Direction.

Table A4.3 Outcomes of reviews – By division and major areas of work within divisions, 2016–17

Table A4.3.1 General Divisiona
  CENTRELINK
(2ND REVIEW)
WORKERS’ COMPENSATIONb OTHER TOTAL
No % of total No % of total No % of total No % of total
By decisionc
Decision affirmed 509 21% 102 6% 229 19% 840 16%
Decision varied or set aside 140 6% 69 4% 79 7% 288 5%
Subtotal 649 26% 171 10% 308 26% 1,128 21%
By consent
Decision affirmedd 17 1% 562 34% 8 1% 587 11%
Decision varied or set asided 372 15% 445 27% 183 15% 1,000 19%
Dismissed by consente 27 <1% 7 <1% 21 2% 55 1%
Dismissed by operation
of lawf
333 14% N/A N/A 0 0% 333 6%
Subtotal 749 30% 1,014 61% 212 18% 1,975 37%
Other
Withdrawn by applicant 726 30% 416 25% 331 28% 1,473 28%
Dismissed by Tribunalg 159 6% 45 3% 281 23% 485 9%
No jurisdictionh 173 7% 13 <1% 70 6% 256 5%
Subtotal 1,058 43% 474 29% 682 57% 2,214 42%
TOTALi 2,456 100% 1,659 100% 1,202 100% 5,317 100%

a The figures in this table relate only to the outcomes of applications for review of decisions, including where a related application for extension of time is refused.

b These figures include applications for review of decisions about defence-related claims under the Safety, Rehabilitation and Compensation Act 1988 which are formally allocated to the Veterans’ Appeals Division.

c Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.

d Applications finalised by the AAT in accordance with terms of agreement reached by the parties either in the course of an alternative dispute resolution process (section 34D) or at any stage of review proceedings (section 42C).

e Applications dismissed by consent under section 42A(1).

f If an application for a review of a Centrelink or paid parental leave decision relates to the recovery of a debt, the parties may agree in writing to settle the proceedings. On receipt of the agreement, the application is taken to have been dismissed.

g Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).

h Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit, the AAT has refused to extend the time for applying for a review or the application fee has not been paid.

i Percentages may not total 100% due to rounding.

Table A4.3.2 FOI, NDIS, Security, and Veterans’ Appeals Divisionsa
  FREEDOM OF INFORMATION NATIONAL DISABILITY INSURANCE SCHEME SECURITY VETERANS’ APPEALS
No % of total No % of total No % of total No % of total
By decisionb
Decision affirmed 8 22% 6 7% 0 0% 46 15%
Decision varied or set aside 8 22% 2 2% 0 0% 25 8%
Subtotal 16 43% 8 9% 0 0% 71 23%
By consent
Decision affirmedc 0 0% 1 1% 0 0% 3 <1%
Decision varied or set asidec 4 11% 20 22% 0 0% 81 26%
Dismissed by consentd 1 3% 0 0% 1 10% 2 <1%
Subtotal 5 14% 21 24% 1 10% 86 28%
Other
Withdrawn by applicant 13 35% 40 45% 8 80% 143 46%
Dismissed by Tribunale 1 3% 5 6% 1 10% 5 2%
No jurisdictionf 2 5% 15 17% 0 0% 3 <1%
Subtotal 16 43% 60 67% 9 90% 151 49%
TOTALg 37 100% 89 100% 10 100% 308 100%

a The figures in this table relate only to the outcomes of applications for review of decisions, including where a related application for extension of time is refused.

b Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.

c Applications finalised by the AAT in accordance with terms of agreement reached by the parties either in the course of an alternative dispute resolution process (section 34D) or at any stage of review proceedings (section 42C).

d Applications dismissed by consent under section 42A(1).

e Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).

f Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit, the AAT has refused to extend the time for applying for a review or the application fee has not been paid.

g Percentages may not total 100% due to rounding.

Table A4.3.3 Migration and Refugee Division
  MIGRATION REFUGEE TOTAL
No % of total No % of total No % of total
By decisiona
Decision affirmedb 5,110 37% 3,202 62% 8,312 44%
Decision varied, remitted or set aside 5,276 38% 548 11% 5,824 31%
Subtotal 10,386 76% 3,750 73% 14,136 75%
Other
Withdrawn by applicant 2,011 15% 317 6% 2,328 12%
Dismissed by Tribunalb 443 3% 499 10% 942 5%
No jurisdictionc 915 7% 587 11% 1,502 8%
Subtotal 3,369 24% 1,403 27% 4,772 25%
TOTALd 13,755 100% 5,153 100% 18,908 100%

a Applications finalised by a decision of the AAT under section 349 or 415 of the Migration Act.

b The Tribunal may dismiss an application if an applicant does not appear before the Tribunal at a hearing under section 362B(1A) or 426A(1A) of the Migration Act. The decision to dismiss the application may be confirmed under section 362B(1C)(b), 362B(1E), 426A(1C)(b) or 426A(1E). Under sections 362B(1F) and 426A(1F), a dismissal decision confirmed by the Tribunal is taken to be a decision to affirm the decision under review. Therefore, the total number of migration decisions affirmed is 5,553 or 40% of all migration decisions (comprised of 5,110 decisions affirmed and 443 applications dismissed by the Tribunal). The total number of refugee decisions affirmed is 3,701 or 72% of all refugee decisions (comprised of 3,202 decisions affirmed and 499 applications dismissed by the Tribunal).

c Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit or the application fee has not been paid.

d Percentages may not total 100% due to rounding.

Table A4.3.4 Social Services and Child Support Division
  CENTRELINK
(1ST REVIEW)a
CHILD SUPPORTb PAID PARENTAL LEAVEa TOTAL
No % of total No % of total No % of total No % of total
By decisionc
Decision affirmed 8,023 52% 561 28% 160 64% 8,744 50%
Decision varied or
set aside
3,152 20% 651 33% 17 7% 3,820 22%
Subtotal 11,175 73% 1,212 61% 177 71% 12,564 71%
By consent
Decision affirmedd N/A N/A 0 0% N/A N/A 0 0%
Decision varied or set asided N/A N/A 37 2% N/A N/A 37 <1%
Dismissed by consente 26 <1% 127 6% 0 0% 153 <1%
Dismissed by operation of lawf 0 0% N/A N/A 0 0% 0 0%
Subtotal 26 <1% 164 8% 0 0% 190 1%
Other
Withdrawn by applicant 1,058 7% 229 11% 22 9% 1,309 7%
Dismissed by Tribunalg 488 3% 94 5% 4 2% 586 3%
No jurisdictionh 2,651 17% 298 15% 48 19% 2,997 17%
Subtotal 4,197 27% 621 31% 74 29% 4,892 28%
TOTALi 15,398 100% 1,997 100% 251 100% 17,646 100%

a A single application may relate to more than one reviewable decision. These figures include outcomes for all decisions that have been reviewed.

b The figures in this column relate only to the outcomes of applications for review of decisions, including where a related application for extension of time is refused.

c Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.

d Applications finalised by the AAT in accordance with terms of agreement reached by the parties under section 42C.

e Applications dismissed by consent under section 42A(1).

f If an application for a review of a Centrelink or paid parental leave decision relates to the recovery of a debt, the parties may agree in writing to settle the proceedings. On receipt of the agreement, the application is taken to have been dismissed.

g Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).

h Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit or the AAT has refused to extend the time for applying for a review.

i Percentages may not total 100% due to rounding.

Table A4.3.5 Taxation and Commercial Divisiona
  TAXATION OTHERb TOTAL
No % of total No % of total No % of total
By decisionc
Decision affirmed 87 9% 25 21% 112 11%
Decision varied or set aside 52 6% 11 9% 63 6%
Subtotal 139 15% 36 30% 175 17%
By consent
Decision affirmedd 25 3% 2 2% 27 3%
Decision varied or set asided 316 34% 5 4% 321 31%
Dismissed by consente 37 4% 4 3% 41 4%
Subtotal 378 41% 11 9% 389 37%
Other
Withdrawn by applicant 263 29% 47 39% 310 30%
Dismissed by Tribunalf 108 12% 22 18% 130 12%
No jurisdictiong 32 3% 5 4% 37 4%
Subtotal 403 44% 74 61% 477 46%
TOTALh 920 100% 121 100% 1,041 100%

a The figures in this table relate only to the outcomes of applications for review of decisions, including where a related application for extension of time is refused.

b These figures include all non-taxation applications managed within the Taxation and Commercial Division whether or not formally allocated to that division: see the Review of Taxation and Commercial Decisions Practice Direction.

c Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.

d Applications finalised by the AAT in accordance with terms of agreement reached by the parties either in the course of an alternative dispute resolution process (section 34D) or at any stage of review proceedings (section 42C).

e Applications dismissed by consent under section 42A(1).

f Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).

g Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit, the AAT has refused to extend the time for applying for a review or the application fee has not been paid.

h Percentages may not total 100% due to rounding.

Table A4.4 Number of alternative dispute resolution processes, directions hearings and hearings, 2014–15 to 2016–17
EVENT TYPE 2014–15 2015–16 2016–17
Conferencesa 7,775 8,082 8,260
Conciliationsa 523 529 546
Other ADR processes (case appraisals, mediations and neutral evaluations)a 23 25 20
Directions hearingsb 1,721 2,788 2,669
Interlocutory hearingsc 625 741 785
Hearings 1,183 24,856 26,638

a The AAT holds alternative dispute resolution processes in all divisions other than the Migration and Refugee, Security, and Social Services and Child Support Divisions.

b The AAT holds directions hearings in all divisions other than the Migration and Refugee Division.

c Interlocutory hearings are hearings listed in all divisions other than the Migration and Refugee, and Social Services and Child Support Divisions in relation to the AAT’s jurisdiction and applications for orders of the following kind: to extend the time to lodge an application for a review, to be joined as a party to a proceeding, to make a confidentiality order, to stay the operation or implementation of a decision under review, to dismiss an application or to reinstate an application.

Table A4.5 Court appeals lodged and finalised – By division and major areas of work within divisions, 2016–17
DIVISION/AREA OF WORK COURT APPEALS LODGED COURT APPEALS FINALISEDc
Lodgeda



Proportion of total AAT decisionsb

Allowed Dismissed or Discontinued Total appeals finalised Proportion allowed against total appeals finalised
No % No No No %
Freedom of Information 3 17% 1 3 4 25%
General 58 3% 17 44 61 28%
   Centrelink (2nd review) 15 2% 4 14 18 22%
   Workers’ compensationd 17 7% 6 14 20 30%
   Other 26 4% 7 16 23 30%
Migration and Refugee 3,644 22% 516 2,101 2,617 20%
   Migration 1,846 16% 306 1,076 1,382 22%
   Refugee 1,798 37% 210 1,025 1,235 17%
National Disability Insurance Scheme 2 8% 1 0 1 100%
Security 0 N/A 0 0 0 N/A
Social Services and Child Support Divisione 23 1% 5 23 28 18%
Taxation and Commercial 17 6% 5 15 20 25%
   Taxation 10 4% 3 12 15 20%
   Otherf 7 10% 2 3 5 40%
Veterans’ Appeals 12 15% 6 6 12 50%
TOTAL 3,759 18% 551 2,192 2,743 20%

a These figures include some appeals lodged in relation to decisions made in a previous year.

b This figure represents the number of appeals lodged in 2016–17 as a proportion of all AAT decisions made in 2016–17 that could have been appealed to the courts.

c Where a decision of a judge of the Federal Circuit Court, a single judge of the Federal Court or the Full Court of the Federal Court has been appealed, only the ultimate result is counted for the purpose of these statistics.

d These figures include applications for review of decisions about defence-related claims under the Safety, Rehabilitation and Compensation Act 1988 which are formally allocated to the Veterans’ Appeals Division.

e Only child support decisions and employer-related paid parental leave decisions may be appealed to the courts under section 44 or 44AAA of the Administrative Appeals Tribunal Act. Other decisions are subject to second review in the AAT.

f These figures include all non-taxation applications managed within the Taxation and Commercial Division whether or not formally allocated to that division: see the Review of Taxation and Commercial Decisions Practice Direction.

 

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