FOI disclosure log

Policy, operational guidelines and other material directing and guiding the Tribunal’s General Division’s conducting of hearings and COVID-19

Registry Procedures Manual (RPM) - Chapters 1A & 8

G&OD Video hearings and ADR events using Microsoft Teams

In-person hearings with remote participants

Digital Member's File Application

Public access to hearings by phone or video.

General Division Character Practice Area Procedures

File referral form - GD character and related visa decisions

G&OD Virtual hearings using MS Teams

Fact Sheet - Expedited Review of Decisions under Section 501 or 501CA

Migration Act VISAEX Application - Indicative Timeline

Technology Checklist

COVID-19 Special Measures Practice Directions – FOI, General and Veterans Appeals Divisions

GD character and related visa decisions

User guide to video hearings using Microsoft Teams

Partial access provided

Documents available on request at

Guidelines relating to MRD member hearing scheduling and decision making

Data relating to outcomes of judicial review in the MRD and GD and reasons for remittal

MRD Caseload Guidance for Members

Tables of information relating to remittals to the MRD and GD by consent and judgement

Full access provided

Partial access provided

Documents available on request at

Registry Procedures Manual

Chapter 1: General administration

Chapter 1A: Administrative Procedures for Associates

Chapter 1B: Fees

Chapter 2: Receiving, Registering and Checking an Application

Chapter 2A: Decision types and subtypes

Chapter 3: Acknowledging receipt, Listing T documents and Outreach

Chapter 4: Interlocutory Applications

Chapter 5: conferencing Directions and Non-compliance

Chapter 6: Other ADR processes

Chapter 7: Summons

Chapter 8: Hearing Related Procedures

Chapter 9: Finalising Applications and Issuing Decisions

Chapter 10: Other AAT Applications

Chapter 11: Managing Applications in the NDIS Division

Chapter 12: Security Managing Applications in the Security Division

Chapter 14: Federal Court Appeals

Chapter 15: Records and Information Management Procedure

Chapter 16: Confidentiality and privacy and access to information in AAT cases

Partial access provided

Documents available on request at

Data relating to withdrawals, hearing events and representation types of applicants in the NDIS

Feedback and comments provided by AAT personnel in relation to statutory review of the AAT

Full access provided

Documents available on request at

LPExtFeedback@aat.gov.au

List of all AAT members in their roles on 21 May 2022 including the divisions appointed to, names, their tenure and whether they were part time or full time

Partial access provided

Documents available on request at

Access to statistics and data on the decision-making patterns of individual decision makers from the AAT's Refugee Division from 17 May 2020 until 17 May 2022

Partial access provided

Documents available on request at

Any document/s by which legal officers in the MRD section of the Tribunal have been conferred by the President with the function or power of providing legal advice to Members of the Tribunal about draft decision records in relation to Migration reviews

A full copy of the current Migration and Refugee Division Legal Services Section Manual

Partial access provided

Documents available on request at

Breakdown of specified representation types for applicants in NDIS cases for the 2021-2022 reporting period

Full access provided

Documents available on request at

Full access provided

Documents available on request at

LPExtFeedback@aat.gov.au

All documents relating to any directives, policies, guidelines, training material or communications provided by the AAT to Members regarding protection visa review

Documents relating to any key performance indicators that the AAT has set for members conducting protection visa reviews

Partial access provided

Documents available on request at

• documents that outline the Tribunal’s policy and / or procedures concerning defective administration by Tribunal employees.
• documents that outline the Tribunal’s policy and / or procedures concerning the Tribunal relisting matters due to error.
• documents that outline the Tribunal’s policy and / or procedures concerning the Tribunal’s internal review process.

• HR Policy – Managing Underperformance
• PD014 - Managing Misconduct
• HR Policy Summary – Managing Underperformance

Partial access provided

Documents available on request at

Emails relating to the implementation of the Callinan recommendations

Minutes of the Senior Member Meeting held on 3 September 2019

Chapter 3 of the Legal Services Manual

Screenshot of staff who have access to the Legal Management System (names redacted)

Partial access provided

Documents available on request at

A member’s court remittal statistics (including specifically apprehended bias as the reason) from 2007

Table of requested information in addition to decisions made and decisions appealed for each financial year since 2007. 

Full access provided

Documents available on request at
LPExtFeedback@aat.gov.au

Induction documents relating to the engagement of a Senior Member 

1. Assignment of non-presidential members
2. Remuneration Tribunal determination
3. Remuneration schedule
4. Conduct Guide for AAT members
5. Member Induction Program (day 1 and day 2)
6. Instrument of Appointment
7. Letter of Appointment  

Full access provided to 1, 2, 3, 4 and 5

Partial access granted to 6 and 7

Documents available on request at
LPExtFeedback@aat.gov.au

The number of withdrawal outcomes for MRD cases for the last two years   

Table of the number of withdrawal outcomes for MRD cases between 1 May 2020 – 1 May 2022

Full access provided

Documents available on request at
LPExtFeedback@aat.gov.au

Set of guidelines or rules relating to the use of social media for AAT members

1. Protocol relating to participation in public activities
2. Conduct Guide for AAT Members

Full access provided

Documents available on request at
LPExtFeedback@aat.gov.au

ADR guidelines for Members and Conference Registrars 

• Guidelines for Members and Conference Registrars of the Administrative Appeals Tribunal under the NMAS February 2016
• AAT CRs Professional Development Handbook September 2011
• ADR Guidelines June 2006

Full access provided

Documents available on request atLPExtFeedback@aat.gov.au

Tribunal’s policy on the charter of human rights for a disability 

1. Strategic Statement on Accessibility
2. Accessibility plan: Users with disability
3. Accessibility plan: Remote and less mobile users
4. Accessibility Review

Full access provided

Documents available on request at

LPExtFeedback@aat.gov.au

The number of each member's load of cases completed every year for Migration and refugee cases.
The number of each member's cases appealed to FC C , FC A, or High Court for Migration and refugee cases.
The number and ratio of each member's case that has been set aside by FC C , FC A or High Court for Migration and refugee cases.

Member case number information and finalisations completed for Migration and refugee cases.

Partial access granted

Documents available on request at

LPExtFeedback@aat.gov.au

1. Guidelines on expert evidence – paper – 22 May 07
2. Guidelines on Expert Evidence
3. Guidelines relating to expert evidence – Paper – 20 June 08
4. Opinion Evidence and Concurrent Evidence Guidelines – 5 Dec 08 – Attachments
5. Opinion Evidence and Concurrent Evidence Guidelines – 5 Dec 08

Partial access granted

Documents available on request at

LPExtFeedback@aat.gov.au

1. All chapters of the Immigration Assessment Authority Procedural Law Guide.
   IAA Procedural Law Guide
    
2. All chapters of the MRD Procedural Law Guide.
   Part 1 - Chapters 1-6
   Part 2 - Chapters 7-11
   Part 3 - CHapters 12-22
   Part 4 - Chapters 23-29
   Part 5 - Chapters 30-32-34-36
    
3. All other Legal Commentary addressing substantive migration law issues
   Bridging visas
   Business visas
   Cancellations
   Family visas
   Other (MRD)
   Partner visas
   Protection visas
   Skilled visas
   Student visas
   Visitor visas

1. Full access provided

2. Full access provided

3. Partial access granted

Documents available on request at

LPExtFeedback@aat.gov.au

1. The names of Members referred to in the applicant’s earlier request; whether they are full-time or part-time and, if part-time, what ratio of hours they are engaged.
    
2. The number of applications before the AAT from 1st January 2020 to 31 March 2021 that were finalised and the number finalised "on the papers" per member.

1. Names of Members and whether full or part time appointments. 
    
2. <>Number of applications finalized during period and number finalised without issuing a hearing invitation.

1. Access granted in part.
    
2. Access granted in part.

Document available on request at:

LPExtFeedback@aat.gov.au

1. Total number of on-hand cases in the AAT Adelaide Registry

2. Total number of on-hand cases in the AAT Adelaide Registry for the visa refusal of subclass 485

3. Total number of on-hand cases in the AAT for the visa refusal of subclass 485

1. Total number of Migration and Refugee Division on-hand cases in the Adelaide Registry on 14 January 2022: 2,212;
    
2. Total number of Migration and Refugee Division on-hand cases in the AAT Adelaide Registry for the visa refusal of subclass 485 on 14 January 2022: 59;
    
3. Total number of on-hand cases in all registries of the AAT for the visa refusal of subclass 485 on 14 January 2022: 804.

1. Table of monthly number of protection visa reviews lodged and finalised from 01/02/2020 to 15/12/2021
   .
2. Static on hand protection visa case numbers for the Perth Registry on 01/02/2020: 2218 and on 15/12/2021: 2386

Full access provided

1. Document available on request at: 

Full access provided

Documents available on request at

MRD case finalisation statistics for each financial year since 2016 split by representation status.

The number of MRD cases on hand for the same period, split by representation status.
 

The number of MRD cases finalised (divided by finalised categories) for the 2016-17, 2017-18, 2018-19, 2019-20 and 2020-21 financial years, split by represented and non-represented.

The number of MRD cases on hand at the end of the 2016-17, 2017-18, 2018-19, 2019-20 and 2020-21 financial years, split by represented and non-represented

Released in full

Documents available on request at: 

LPExtFeedback@aat.gov.au

A request for access to:

“…all documents containing correspondence sent or received by the Registrar of the Tribunal that relate to the Tribunal's handling of Freedom of Information Request No.2021/0062, excluding:

• any documents that the Tribunal provided to me on 31 August 2021;
• duplicate documents; and
• any documents that are already publicly available (e.g. questions on notice or answers to questions on notice)."

Partial access

Documents available on request at:

LPExtFeedback@aat.gov.au

Four guidance documents relating to part one.

Two tables produced under s 17 of the FOI Act for parts 2 & 3.

Part one – documents released in full with irrelevant material removed under s 22 of the FOI Act.

Parts 2 & 3 – released in full.

Part 4 – refused – documents do not exist (s 24A of the FOI Act).

Partial access

10/11/2021

Various statistics relating to non-compliance in the NDIS division.

Released in full

Document available on request at LPExtFeedback@aat.gov.au

14/10/2021

Access to all documents relating to Question on Notice No. 4000 and Question on Notice No. 4001, both of which were placed on the Senate Notice Paper by Senator Kim Carr on 13 August 2021.

Partial access

Various statistics relating to the MRD, G&OD and the IAA

• Statistics on member  appointments under s.7(2)(a), (b) or (c) of the Administrative Appeals Tribunal Act 1975
• Number of cases constituted/allocated in the MRD and G&OD
• Number of cases finalised in the MRD and G&OD
• Publication statistics
• Statistics relating to employment in the IAA

Released in Full

Documents relating to the development of section 6.5 of the Guide to Workers’ Compensation Jurisdiction

Documents relating to the development of section 6.5 of the Guide to Workers’ Compensation Jurisdiction

Partial access

Various statistics on NDIS cases before the Tribunal

Statistics released in full.

Operational information refused under s 24A

Access to all documents containing correspondence or communications – or containing a record of correspondence or communications – between the Tribunal and the Attorney-General, the Attorney-General’s office or the Attorney-General’s Department in relation to questions asked by Senator Kim Carr and taken on notice by the Tribunal following Budget Estimates 2020-21.

1036 folios of correspondence relating to questions asked by Senator Kim Carr and taken on notice by the AAT following Budget Estimates 2020-21.

Partial access

Document available on request at LPExtFeedback@aat.gov.au

1. Total number of cases before the NDIS Division between 1 July 2021 to 31 June 2021
2. The total number of active NDIA cases before the AAT where at least one case conference occurred between 01 July 2020 - 31 June 2021

Total number of cases before the NDIS Division between 1 July 2021 to 31 June 2021.

Part 1 released in full

Part 2 refused under s 24A

Statistics on the number of decisions made by a former Tribunal Member

• Report of all decisions made by a former Tribunal Member, sourced from our current case management system
• Report of protection visa decisions made by a former Tribunal Member, sourced from our current case management system for the period from 1 April 2006 to 30 June 2017

Released in full

Document available on request at LPExtFeedback@aat.gov.au

Request for the Immigration Assessment Authority (IAA) expenditure by line item for the last five years. 

Full access

Documents available on request at LPExtFeedback@aat.gov.au

Access to all documents containing correspondence or communications – or containing a record of correspondence or communications – between the Tribunal and the Attorney-General, the Attorney-General’s office or the Attorney-General’s Department in relation to questions asked by Senator Kim Carr and taken on notice by the Tribunal following Additional Estimates 2019-20.

261 folios of correspondence relating to questions asked by Senator Kim Carr and taken on notice by the AAT following Additional Estimates 2019-20.

Partial access

Documents available on request at LPExtFeedback@aat.gov.au

• For the period 1 July 2015 until 31 March 2021, the number of times the AAT dismissed an application under section 42A(5) of the AAT Act where the Respondent is Comcare; and
• A list of these cases where information is publicly available on Austlii (with the Austlii citation).
• Guide to the Workers’ Compensation Jurisdiction – 1st Edition (March 2007)
• Guide to the Workers’ Compensation Jurisdiction – 2nd Edition (September 2013)

Partial access

Documents available on request at LPExtFeedback@aat.gov.au

Record of completion dates for finalised reports complying with the PGPA Rule 2014, for the years 2016 to 2019 inclusively.

Full access

Documents available on request at LPExtFeedback@aat.gov.au

Various MRD guidance materials regarding the validity of applications.

Partial access

Documents available on request at LPExtFeedback@aat.gov.au

List of contractors working at the AAT as at 17 August 2020.

Partial access

Documents available on request at LPExtFeedback@aat.gov.au

Launch Recruitment Pty Ltd – Terms of Agreement (redacted)

Partial access provided

Documents available on request at

Statistics relating to applications for review of decisions by the Department of Home Affairs to refuse an application for a Protection visa made by citizens of Saudi Arabia.

Statistics relating to applications for review of decisions by the Department of Home Affairs to refuse an application for a protection visa made by citizens of Saudi Arabia (as at 3 August 2020).

Partial access

Certain information redacted pursuant to sections 37 and 47F of the FOI Act.

>Documents available on request at LPExtFeedback@aat.gov.au

Data concerning the number of applicants who had legal representation in the NDIS division for the period 1 January 2019 to 31 January 2020.

Statistics relating to applications for review of decisions under the National Disability Insurance Scheme Act 2013 that were finalised from 1 January 2019 to 31 January 2020.

Partial access

Parts A & B released in full.
Parts C & D refused under s 24A of the FOI Act.

Documents available on request at LPExtFeedback@aat.gov.au

The number of applications lodged in the Veterans’ Appeals Division for the following periods: 

• 1 July 2018 to 31 December 2018,
• 1 January 2019 to 30 June 2019,
• 1 July 2019 to 31 December 2019, and 1 January 2020 to 30 June 2020.

Applications lodged to the Veterans’ Appeals Division of the AAT for specified periods, as at 23 July 2020.

Full access

Documents available on request at LPExtFeedback@aat.gov.au

Statistics relating to applications for review of decisions about protection visas under Part 7 of the Migration Act 1958 dealt with in the Migration and Refugee Division - By members - For applications finalised from 1 January 2015 to 18 May 2020.

Reports on the date each decision maker was appointed between 1 July 2015 to 18 May 2020.

Partial access

Documents available on request at LPExtFeedback@aat.gov.au

Full access

Documents available on request at LPExtFeedback@aat.gov.au

Partial access provided

Documents available on request at

Full access

Documents available on request at LPExtFeedback@aat.gov.au

A copy of the following:

• Country Report: PAK34771
• Country Report CX157167: Pakistan; Punishment/Consequences for Deserting the Pakistan Army, 11 July, 2006

• Country Report: PAK34771
• Country Report CX157167: Pakistan; Punishment/Consequences for Deserting the Pakistan Army, 11 July, 2006

• A copy of statistics in relation to how many decisions under the Safety Rehabilitation and Compensation Act 1988 have been made by the AAT since 1 July 2011.
• Statistics relating to the outcomes of those decisions

1. The number of RSMS/ENS Employer Nomination refusals where the applicant is based in Queensland.
2. The number of RSMS/ENS visa applications for the visa subclasses 187 and 186 respectively, where the applicant is based in Queensland.

The AAT’s statistical records of waiting times for Decisions and Reasons for the financial years 2017-18, 2016-17, 2015-16, 2014-15, 2007-08 & 2006-07

Correspondence of AAT Senior Executive staff about the time taken for Reasons for Decisions to be handed down by the AAT for Comcare applications

AAT reviews of decisions made under the Safety, Rehabilitation and Compensation Act 1988: Mean weeks from last substantive hearing or receipt of submissions, to decision

Email correspondence dated from 19 January 2018 until 2 March 2018

Partial access provided

Documents available on request at

• General and Other Divisions – New Registry Procedural Manual – Chapter 1: General administration: 1.3 How to assist parties in dealing with the AAT;
• General and Other Divisions – New Registry Procedural Manual – Chapter 2: Receiving, registering and checking an application: 2.2 Identifying an application for review;
• General and Other Divisions – New Registry Procedural Manual – Chapter 8: Hearing related procedures – 8.4 The day of the hearing;
• NDIS Disability Types for TRACS (a tribunal case management system);
• AAT Guidelines for the Conduct of Hearings in the NDIS Division;
• AAT Practice Direction – Review of National Disability Insurance Scheme Decisions;
• AAT Accessibility Strategic Statement 2017-2020 enclosing AAT Strategic Plan 2015-2020;
• AAT Website – ‘Accessibility’;
• AAT Intranet – ‘Corporate – Accessibility’
• AAT Service Charter;
• Migration and Refugee Division: Guidelines on Vulnerable Persons;
• Pre-hearing checklist for contact with unrepresented parties;
• NDIS Principles.
• General and Other Divisions – New Registry Procedural Manual – Chapter 3: Acknowledging receipt, listing T documents and outreach - 3.1 In this chapter; 3.2 Acknowledge receipt;
• General and Other Divisions – New Registry Procedural Manual – Chapter 11: Managing applications in the National Disability Insurance Scheme Division.

• FOI decision excerpt
• 2016-17 Appeals allowed

• Notice to the party requesting the summons to produce documents;·
• Notice to a person summoned to produce documents;·
• Chapter 6: Summons Procedures

• Purpose and functions of the IAA
• Conduct of review
• Decisions and Publication
• Notification by the IAA

• an email from Mr P Sweeney to the Assistant Treasurer dated 8 March 2014
• correspondence from the Office of the Assistant Treasurer to Mr Sweeney dated 8 April 2014 responding to a Freedom of Information request

• Notice of Declaration of Security Regulated Port – Port of Cape Preston made under the Maritime Transport and Offshore Facilities Security Act 2003 dated 31 January 2013
• Port of Cape Preston Operating Requirements issued under the Shipping and Pilotage Act 1967 (WA) and the Shipping and Pilotage (Ports and Harbours) Regulations 1966 (WA)