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, 2017–18
A4.2 Outcomes of reviews – Proportion of applications in relation to which the AAT has changed the decision under review, 2015–16 to 2017–18
A4.3 Outcomes of reviews – By division and major areas of work within divisions, 2017–18
A4.4 Number of alternative dispute resolution processes, directions hearings and hearings, 2015–16 to 2017–18
A4.5 Court appeals lodged and finalised – By division and major areas of work within divisions, 2017–18
Table A4.1 Applications lodged and applications finalised, 2017–18
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 1 3
Biosecurity 2 0
Export and import control 1 1
Subtotal 4 <1% 4 <1%
ATTORNEY-GENERAL’S
Archives 7 2
ASIO security assessments 7 10
Bankruptcy 10 12
Freedom of information 38 46
Human rights 0 1
Marriage celebrants 5 5
Personal property securities 4 2
Privacy 2 2
Waiver of fees in courts 1 3
Subtotal 74 <1% 83 <1%
COMMUNICATIONS AND THE ARTS
Communications and media 2 1
National Library of Australia regulation 1 0
Protection of movable cultural heritage 1 0
Tax offset for films 1 0
Subtotal 5 <1% 1 <1%
DEFENCE
Defence Force retirement and death benefits 6 7
Other 0 1
Subtotal 6 <1% 8 <1%
EDUCATION AND TRAINING
Child care services/registered carers 36 18
Education services for overseas students 50 9
Higher Education Loan Program/VET Student Loans 64 64
Mutual recognition of occupations 45 21
National vocational education and training regulation 180 83
School education 0 1
Tertiary education quality and standards 16 10
Trans-Tasman mutual recognition 1 0
Subtotal 392 1% 206 1%
ENVIRONMENT AND ENERGY
Clean energy regulation 4 1
Environment protection and biodiversity 2 1
Great Barrier Reef Marine Park 1 1
Subtotal 7 <1% 3 <1%
FINANCE
Electoral matters 2 2
Lands acquisition 2 1
Superannuation Acts 1 0
Subtotal 5 <1% 3 <1%
FOREIGN AFFAIRS AND TRADE
Export market development grants 9 1
Passports 18 21
Subtotal 27 <1% 22 <1%
HEALTH
Aged care 55 60
Medicare 2 4
Narcotic drugs 1 0
Pharmacists 4 5
Therapeutic goods 6 6
Subtotal 68 <1% 75 <1%
HOME AFFAIRS
Background checking 6 4
Citizenship 605 484
Customs 26 18
Migration agent registration 10 3
Visa-related decisions (other than relating to character) 37,933 17,960
Visa-related decisions relating to character 235 230
Subtotal 38,815 66% 18,699 47%
INDUSTRY, INNOVATION AND SCIENCE
Industry research and development 17 16
Patents, designs and trade marks 0 5
Subtotal 17 <1% 21 <1%
INFRASTRUCTURE, REGIONAL DEVELOPMENT AND CITIES
Aviation and maritime transport security 2 3
Civil aviation 26 24
Maritime safety 1 1
Motor vehicle standards 19 12
Subtotal 48 <1% 40 <1%
JOBS AND SMALL BUSINESS
Fair entitlements guarantee 25 15
Safety, Rehabilitation and Compensation Act 1988
(other than defence-related claims)
1,543 1,504
Seafarers rehabilitation and compensation 40 36
Subtotal 1,608 3% 1,555 4%
PRIME MINISTER AND CABINET
Aboriginal corporations, councils and associations 0 1
Subtotal 0 0% 1 <1%
SOCIAL SERVICES
Centrelink (first review and second review) 12,832 14,817
Child support (first review and second review) 2,437 2,403
National Disability Insurance Scheme 802 441
Paid parental leave (first review and second review) 206 236
Subtotal 16,277 28% 17,897 45%
TREASURY
Auditors and liquidators registration 3 2
Business names registration 15 8
Charities and not-for-profit entities 1 2
Consumer credit 4 4
Corporations and financial services 21 28
Insurance and superannuation 5 2
Tax agents 6 12
Taxation 826 717
Subtotal 881 1% 775 2%
VETERANS’ AFFAIRS
Military Rehabilitation and Compensation Act 2004 43 80
Safety, Rehabilitation and Compensation Act 1988 (defence-related claims) / Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 139 178
Veterans’ entitlements 179 222
Subtotal 361 <1% 480 1%
SUBTOTAL for PORTFOLIOS 58,595 100% 39,873 100%
APPLICATIONS UNDER THE ADMINISTRATIVE APPEALS TRIBUNAL ACT – OTHER
Applications for extension of time without application for review 81 74
Applications relating to decisions not subject to AAT review 100 92
Applications relating to decisions about AAT application fees 2 1
Application under the AAT Act relating to a finalised case 1 0
Subtotal 184 <1% 167 <1%
APPLICATIONS UNDER NORFOLK ISLAND LAWS
Planning 1 0
Subtotal 1 <1% 0 0%
TOTALa 58,780 100% 40,040 100%

a Percentages may not total 100% due to rounding.

Table A4.2 Outcomes of reviews – Proportion of applications in relation to which the AAT has changed the decision under review, 2015–16 to 2017–18
DIVISION/AREA OF WORK PROPORTION OF APPLICATIONS IN RELATION TO WHICH DECISION UNDER REVIEW CHANGEDa
2015–16 2016–17 2017–18
Freedom of Information 39% 32% 28%
General 23% 24% 23%
Centrelink (2nd review) 20% 21% 21%
Workers’ compensationb 33% 31% 27%
Other 18% 22% 20%
Migration and Refugee 32% 31% 22%
Migration 37% 38% 29%
Refugee 16% 11% 5%
National Disability Insurance Scheme 42% 25% 42%
Security 7% 0% 0%
Social Services and Child Support 24% 22% 24%
Centrelink (1st review) 22% 20% 22%
Child support 41% 33% 33%
Paid parental leave 6% 7% 9%
Taxation and Commercial 44% 37% 34%
Taxation 49% 40% 35%
Other 10% 13% 16%
Veterans’ Appealsb 49% 34% 37%
ALL AAT 28% 26% 23%

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 For 2015–16 and 2016–17, applications for review of decisions about defence-related claims under the Safety, Rehabilitation and Compensation Act 1988, while formally allocated to the Veterans’ Appeals Division, were included in the figures for ‘Workers’ compensation’. For 2017–18, all applications of this kind as well as applications for review of decisions under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 are included in the figures for the Veterans’ Appeals Division.

Table A4.3 Outcomes of reviews – By division and major areas of work within divisions, 2017–18

Table A4.3.1 General Divisiona
CENTRELINK (2ND REVIEW) WORKERS’ COMPENSATIONb OTHER TOTAL
No % of all outcomes No % of all outcomes No % of all outcomes No % of all outcomes
By decisionc
Decision affirmed 423 19% 166 11% 247 18% 836 16%
Decision varied or set aside 116 5% 60 4% 100 7% 276 5%
Subtotal 539 24% 226 15% 347 25% 1,112 22%
By consent
Decision affirmedd 14 <1% 564 37% 6 <1% 584 11%
Decision varied or set asided 371 16% 353 23% 175 13% 899 17%
Dismissed by consente 28 1% 11 <1% 23 2% 62 1%
Dismissed by operation of lawf 514 23% N/A N/A 1 <1% 515 10%
Subtotal 927 41% 928 60% 205 15% 2,060 40%
Other
Withdrawn by applicant 489 22% 349 23% 405 30% 1,243 24%
Dismissed by Tribunalg 107 5% 15 <1% 67 5% 189 4%
No jurisdictionh 205 9% 22 1% 340 25% 567 11%
Subtotal 801 35% 386 25% 812 60% 1,999 39%
TOTALi 2,267 100% 1,540 100% 1,364 100% 5,171 100%

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 do not 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 Freedom of Information, National Disability Insurance Scheme, Security, and Veterans’ Appeals Divisionsa
FREEDOM OF INFORMATION NATIONAL DISABILITY INSURANCE SCHEME SECURITY VETERANS’ APPEALSb
No % of all outcomes No % of all outcomes No % of all outcomes No % of all outcomes
By decisionc
Decision affirmed 8 16% 6 1% 4 40% 57 12%
Decision varied or set aside 9 18% 10 2% 0 0% 23 5%
Subtotal 17 34% 16 4% 4 40% 80 17%
By consent
Decision affirmedd 2 4% 5 1% 0 0% 15 3%
Decision varied or set asided 5 10% 177 40% 0 0% 153 32%
Dismissed by consente 2 4% 7 2% 1 10% 13 3%
Subtotal 9 18% 189 43% 1 10% 181 38%
Other
Withdrawn by applicant 16 32% 171 39% 1 10% 204 43%
Dismissed by Tribunalf 2 4% 6 1% 2 20% 9 2%
No jurisdictiong 6 12% 59 13% 2 20% 6 1%
Subtotal 24 48% 236 54% 5 50% 219 46%
TOTALh 50 100% 441 100% 10 100% 480 100%

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.

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 A4.3.3 Migration and Refugee Division
MIGRATION REFUGEE TOTAL
No % of all outcomes No % of all outcomes No % of all outcomes
By decisiona
Decision affirmedb 4,432 35% 2,320 43% 6,752 38%
Decision varied, remitted or set aside 3,682 29% 271 5% 3,953 22%
Subtotal 8,114 65% 2,591 48% 10,705 60%
Other
Withdrawn by applicant 2,494 20% 425 8% 2,919 16%
Dismissed by Tribunalb 643 5% 666 12% 1,309 7%
No jurisdictionc 1,288 10% 1,739 32% 3,027 17%
Subtotal 4,425 35% 2,830 52% 7,255 40%
TOTALd 12,539 100% 5,421 100% 17,960 100%

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 5,075 or 40% of all migration decisions (comprised of 4,432 decisions affirmed and 643 applications dismissed by the Tribunal). The total number of refugee decisions affirmed is 2,986 or 55% of all refugee decisions (comprised of 2,320 decisions affirmed and 666 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 Divisiona
CENTRELINK
(1ST REVIEW)b
CHILD SUPPORT PAID PARENTAL LEAVEb TOTAL
No % of all outcomes No % of all outcomes No % of all outcomes No % of all outcomes
By decisionc
Decision affirmed 6,934 49% 547 25% 118 51% 7,599 46%
Decision varied or set aside 3,279 23% 737 33% 23 10% 4,039 24%
Subtotal 10,213 72% 1,284 58% 141 61% 11,638 70%
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 39 2% N/A N/A 39 <1%
Dismissed by consente 17 <1% 209 9% 0 0% 226 1%
Dismissed by operation of lawf 0 0% N/A N/A 0 0% 0 0%
Subtotal 17 <1% 248 11% 0 0% 265 2%
Other
Withdrawn by applicant 1,308 9% 249 11% 56 24% 1,613 10%
Dismissed by Tribunalg 454 3% 164 7% 2 <1% 620 4%
No jurisdictionh 2,176 15% 280 13% 33 14% 2,489 15%
Subtotal 3,938 28% 693 31% 91 39% 4,722 28%
TOTALi 14,168 100% 2,225 100% 232 100% 16,625 100%

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 A single application for a review of a Centrelink or paid parental leave decision may relate to more than one reviewable decision. These figures include outcomes for all decisions that have been reviewed.

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 OTHER TOTAL
No % of all outcomes No % of all outcomes No % of all outcomes
By decisionb
Decision affirmed 40 6% 22 30% 62 8%
Decision varied or set aside 41 6% 5 7% 46 6%
Subtotal 81 11% 27 37% 108 14%
By consent
Decision affirmedc 6 <1% 1 1% 7 <1%
Decision varied or set asidec 212 30% 7 10% 219 28%
Dismissed by consentd 27 4% 0 0% 27 3%
Subtotal 245 34% 8 11% 253 32%
Other
Withdrawn by applicant 254 35% 25 34% 279 35%
Dismissed by Tribunale 14 2% 4 5% 18 2%
No jurisdictionf 123 17% 9 12% 132 17%
Subtotal 391 55% 38 52% 429 54%
TOTALg 717 100% 73 100% 790 100%

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 A4.4 Number of alternative dispute resolution processes, directions hearings and hearings, 2015–16 to 2017–18
EVENT TYPE 2015–16 2016–17 2017–18
Conferencesa 8,082 8,260 8,460
Conciliationsa 529 546 683
Other ADR processes (case appraisals, mediations and neutral evaluations)a 25 20 11
Directions hearingsb 2,788 2,669 3,054
Interlocutory hearingsc 741 785 917
Hearings 24,856 26,638 22,004

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 Division and Social Services and Child Support Division 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 against decisions of the AAT – By division and key areas of work within divisions, 2017–18a
DIVISION/AREA
OF WORK
COURT APPEALS LODGED COURT APPEALS FINALISEDd
Lodgedb Proportion of total AAT decisionsc Allowed Dismissed or Discontinued Total appeals finalised Proportion allowed against total appeals finalised
No % No No No %
Freedom of Information 2 8% 0 1 1 0%
General 111 6% 25 47 72 35%
Centrelink
(2nd review)
19 2% 3 11 14 21%
Workers’ compensatione 26 10% 5 14 19 26%
Other 66 8% 17 22 39 44%
Migration and Refugee 3,393 23% 603 2,132 2,735 22%
Migration 1,873 19% 379 990 1,369 28%
Refugee 1,520 30% 224 1,142 1,366 16%
National Disability Insurance Scheme 1 1% 1 1 2 50%
Security 0 N/A 0 0 0 N/A
Social Services and Child Support Divisionf 26 1% 2 23 25 8%
Taxation and Commercial 21 8% 9 11 20 45%
Taxation 13 6% 6 9 15 40%
Other 8 21% 3 2 5 60%
Veterans’ Appealse 11 12% 6 3 9 67%
TOTAL 3,565 19% 646 2,218 2,864 23%

a These figures include appeals lodged or finalised in relation to decisions made by the AAT or decisions made by the MRT or RRT prior to 1 July 2015.

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

c This figure represents the number of appeals lodged in 2017–18 as a proportion of all AAT decisions that could have been appealed to the courts in 2017–18.

d 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.

e Appeals relating to decisions about defence-related claims under the Safety, Rehabilitation and Compensation Act are included in the figures for the Veterans’ Appeals Division.

f 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. In general, other decisions made on first review in the Social Services and Child Support Division are subject to second review in the AAT.

 

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