This page explains the information you can access in an AAT case without making a formal request under the Freedom of Information Act 1982 (FOI Act).
Access to information in a review of a migration or refugee decision
Access to information the first time we review a Centrelink or child support decision
Access to information in a review of other types of decisions
Access to information in a review of a migration or refugee decision
What information can I access as a party to a review?
As a party to a review in the Migration & Refugee Division you can access:
Access to a document is not permitted if it is subject to a confidentiality restriction.
You cannot access material under section 362A in a review of a refugee decision. You must make a formal request under the FOI Act.
Can I access a transcript of the hearing?
No, a transcript of the hearing is not provided.
Can I access a recording of the hearing?
Yes, all hearings are audio recorded. You can request a CD copy of the recording at the end of the hearing, free of charge.
Note: If the review is about a visa refusal or cancellation on character grounds check access to information for reviews of other types of decisions.
Information available to the public
The public cannot access information or documents relating to a review of a migration or refugee decision, except for:
- a daily listing of reviews of migration decisions that have a hearing which is published on our website, and
- our decisions in some reviews.
How do I access a migration and refugee decision as a non-party?
Selected decisions are published through the AustLII website.
Migration decisions are usually published in full and refugee decisions are required to be edited so they do not identify the applicant or family members.
We can also decide that it is not in the public interest to publish the decision or certain information within the decision.
Access to information the first time we review a Centrelink or child support decision
What information can I access as a party to a review?
As a party to a review in the Social Services & Child Support Division, you can access information from your file that you have given to us or we have given to you, for example:
- letters
- other original documents
- our decision and reasons for the decision.
Access to a document is not permitted if:
- it is subject to a confidentiality restriction
- a review of a child support decision has been finalised and a document contains personal information about another person, unless the document was provided by you.
Can I access a recording of the hearing?
No, we will not provide you with a recording of the hearing.
Can I access a transcript of the hearing?
Yes, but only if you apply to a court about the AAT decision or make an application for us to conduct a second review of the decision.
You must order a transcript of the hearing by lodging a request form directly with Epiq:
You must pay the cost of obtaining a transcript. Charges are set by Epiq and are detailed on the form.
Information available to the public
The public cannot access information or documents relating to a case the first time we review a Centrelink or child support decision except for our decision and reasons in some child support reviews.
How do I access a child support decision as a non-party?
You can access selected child support decisions published through the AustLII website.
If you want to access information or documents relating to a case the second time we review a Centrelink or child support decision check access to information for reviews of other types of decisions.
Access to information in a review of other types of decisions
What information can I access as a party to a review?
You can access most documents on your file.
Access to a document will not be permitted if:
- we are prevented by law from disclosing the document
- we have decided that a document is not to be disclosed
- the document has been produced in response to a summons and we have not given the party permission to access that document.
You can make a copy of any document that we allow you to access, except a transcript. We usually charge a fee for each page that is copied.
Can I access a recording of the hearing?
No, we will not provide you with a recording of the hearing.
Can I access a transcript of the hearing?
You can usually inspect a transcript if one was produced as part of deciding the review.
Otherwise, you must order a transcript of the hearing by lodging a request form directly with Epiq:
You must pay the cost of obtaining a transcript. Charges are set by Epiq and are detailed on the forms.
Information available to the public
How do I access case information as a non-party?
eCase Search provides any person access to certain information about a review.
Information is usually made available 7 days after the review has been lodged and includes:
- names of the parties and representatives
- type of review
- dates of conferences, hearings or other case events
- types of key documents lodged by the parties
- outcome of the review.
No information is available on eCase Search about a review that is subject to confidentiality restrictions. eCase Search does not apply to reviews lodged with us on or before 18 March 2013.
If you cannot find information or the review was lodged before 18 March 2013 you can email us.
A daily listing of reviews that have a conference, hearing or other event is published on our website and in some major newspapers.
How do I access a document as a non-party?
After a public hearing has been held and subject to any confidentiality restrictions, we will usually allow a non-party to access:
- the evidence
- if we have it, any transcript of the hearing.
We will usually allow a non-party to access any interlocutory order or any decision or order that finalises an application, whether or not a public hearing has been held subject to any confidentiality restrictions.
If you want to access a document in a review, you must submit a Request by Non-Party for Access to Tribunal Documents form.
Please note that we might:
- refer your request to the parties in the review and seek their views
- hold a hearing before making a decision on your request.
If your request is approved, you will be contacted 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.
How do I access a decision as a non-party?
You can access a copy of a decision that has been published through the AustLII website.
We can decide not to publish a decision if there is a good reason to do so.
You can email us if you are unable to find a decision on AustLII.