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

A4.1 Applications lodged and applications finalised, 2015-16

A4.2 Outcomes of reviews by division and major areas of work within divisions, 2015-16

A4.3 Number of alternative dispute resolution processes, directions hearings and hearings, 2013-14 to 2015-16

A4.4 Court appeals lodged and finalised, 2015-16 - By division and major areas of work within divisions

Table A4.1 Applications lodged and applications finalised, 2015-16

  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 4   0  
Australian grape and wine regulation 2   2  
Export and import control 2   2  
Fisheries 0   1  
Research participation certificates for Conservation Tillage Refundable Tax Offset 0   2  
Subtotal 8 <1% 7 <1%
ATTORNEY-GENERAL’S
Archives (other than decisions relating to ASIO records) 1   9  
Archives decisions relating to ASIO records 1   1  
ASIO security assessments 15   13  
Background checking 4   4  
Bankruptcy 14   19  
Freedom of information 35   46  
Human rights 2   1  
Marriage celebrants 7   9  
Personal property securities 6   10  
Privacy 1   2  
Waiver of fees in courts 4   4  
Subtotal 90 <1% 118 <1%
COMMUNICATIONS AND THE ARTS
Communications and media 1   1  
Tax offset for films 3   1  
Subtotal 4 <1% 2 <1%
DEFENCE (including VETERANS’ AFFAIRS)
Defence Force retirement and death benefits 6   2  
Military Rehabilitation and Compensation Act 2004 104   84  
Veterans’ entitlements 236   279  
Other 5   9  
Subtotal 351 <1% 374 <1%
EDUCATION AND TRAINING
Child care services/registered carers 3   5  
Education services for overseas students 17   16  
Higher Education Loan Program 70   56  
Mutual recognition of occupations 96   49  
National vocational education and training regulation 61   54  
Tertiary education quality and standards 2   4  
Trade support loans 1   0  
Subtotal 250 1% 184 <1%
EMPLOYMENT
Fair entitlements guarantee 58   34  
Safety, Rehabilitation and Compensation Act 1988 1,736   1,308  
Seafarers rehabilitation and compensation 61   65  
Subtotal 1,855 4% 1,407 4%
ENVIRONMENT AND ENERGY
Clean energy regulation 1   0  
Environment protection and biodiversity 2   2  
Great Barrier Reef Marine Park 1   2  
Hazardous waste 1   2  
Subtotal 5 <1% 6 <1%
FINANCE
Electoral matters 2   2  
Subtotal 2 <1% 2 <1%
FOREIGN AFFAIRS AND TRADE
Export market development grants 2   2  
Passports 21   16  
Subtotal 23 <1% 18 <1%
HEALTH AND AGED CARE
Aged care 19   10  
Medicare 1   1  
Pharmacists 15   13  
Sports anti-doping 1   0  
Therapeutic goods 9   4  
Subtotal 45 <1% 28 <1%
IMMIGRATION AND BORDER PROTECTION
Citizenship 275   292  
Customs 29   44  
Migration agent registration 8   12  
Visa-related decisions (other than relating to character) 18,929   16,111  
Visa-related decisions relating to character 77   28  
Subtotal 19,318 47% 16,487 43%
INDUSTRY, INNOVATION AND SCIENCE
Industry research and development 11   7  
Patents, designs and trade marks 7   2  
Subtotal 18 <1% 9 <1%
INFRASTRUCTURE AND REGIONAL DEVELOPMENT
Airports 1   1  
Aviation and maritime transport security 1   2  
Civil aviation 30   27  
Maritime safety 3   1  
Motor vehicle standards 6   8  
Subtotal 41 <1% 39 <1%
PRIME MINISTER AND CABINET
Aboriginal corporations, councils and associations 1   0  
Subtotal 1 <1% 0 0%
SOCIAL SERVICES
Aged care 4   14  
Centrelink (first review and second review) 15,664   15,529  
Child support (first review and second review) 2,228   2,183  
National Disability Insurance Scheme 48   33  
National Rental Affordability Scheme 1   0  
Paid parental leave (first review and second review) 223   241  
Subtotal 18,168 44% 18,000 47%
TREASURY
Auditors and liquidators registration 1   1  
Business names registrations 11   17  
Charities and not-for-profit entities 1   0  
Consumer credit 6   3  
Corporations and financial services 33   20  
Insurance and superannuation 1   1  
Tax agents 28   24  
Taxation 921   1,136  
Subtotal 1,002 2% 1,202 3%
SUBTOTAL for PORTFOLIOS 41,181 99% 37,883 99%
APPLICATIONS UNDER THE ADMINISTRATIVE APPEALS TRIBUNAL ACT - OTHER
Other applications 250   263  
Subtotal 250 <1% 263 <1%
APPLICATIONS UNDER NORFOLK ISLAND LAWS
Planning 1   0  
Subtotal 1 <1% 0 0%
TOTALa 41,432 100% 38,146 100%

a Percentages may not total 100% due to rounding.

Table A4.2 Outcomes of reviews by division and major areas of work within divisions, 2015-16

Subtable A4.2.1 General Division

  CENTRELINK
(2ND REVIEW)
WORKERS’ COMPENSATIONa OTHER TOTAL
No % of total No % of total No % of total No % of total
By decisionb
Decision affirmed 509 22% 115 8% 152 14% 776 16%
Decision varied or set aside 128 6% 48 4% 51 5% 227 5%
Subtotal 637 28% 163 12% 203 19% 1,003 21%
By consent
Decision affirmedc 6 <1% 421 31% 3 <1% 430 9%
Decision varied or set asidec 334 14% 406 30% 148 14% 888 19%
Dismissed by consentd 22 <1% 3 <1% 10 <1% 35 <1%
Dismissed by operation of lawe 294 13% 0 0% 0 0% 294 6%
Subtotal 656 29% 830 60% 161 42% 1,647 35%
Other
Withdrawn by applicant 681 29% 327 24% 294 27% 1,302 27%
Dismissed by Tribunalf 148 6% 38 3% 251 23% 437 9%
No jurisdiction 4 <1% 4 <1% 21 2% 29 <1%
Extension of time refused 150 6% 7 <1% 22 2% 179 4%
Other 38 2% 4 <1% 125 12% 167 3%
Subtotal 1,021 44% 380 28% 713 66% 2,114 44%
TOTALg 2,314 100% 1,373 100% 1,077 100% 4,764 100%

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

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 If an application for a review of a Centrelink 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.

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 Percentages may not total 100% due to rounding.

Subtable A4.2.2 Freedom of Information, National Disability Insurance Scheme, 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 decision
Decision affirmed 8 14% 2 6% 1 7% 63 17%
Decision varied or set aside 11 19% 2 6% 0 0% 37 10%
Subtotal 19 33% 4 12% 1 7% 100 27%
B consent
Decision affirmed 0 0% 0 0% 0 0% 3 <1%
Decision varied or set aside 11 19% 12 36% 1 7% 142 39%
Dismissed by consent 1 2% 3 9% 0 0% 2 <1%
Dismissed by operation of law 0 0% 0 0% 0 0% 0 0%
Subtotal 12 21% 15 45% 1 7% 147 41%
Other
Withdrawn by applicant 21 37% 10 30% 8 57% 103 28%
Dismissed by Tribunal 4 7% 1 3% 2 14% 13 4%
No jurisdiction 0 0% 1 3% 0 0% 1 <1%
Extension of time refused 1 2% 2 6% 0 0% 1 <1%
Other 0 0% 0 0% 2 14% 0 0%
Subtotal 26 46% 14 42% 12 86% 118 32%
TOTAL b 57 100% 33 100% 14 100% 365 100%

a See the notes to Subtable A4.2.1 for information about the outcome types.

b Percentages may not total 100% due to rounding.

Subtable A4.2.3 Migration and Refugee Division

  MIGRATION REFUGEE TOTAL
No % of total No % of total No % of total
By decisiona
Decision affirmedb 5,194 42% 2,528 70% 7,722 48%
Decision varied, remitted or set aside 4,613 37% 587 16% 5,200 32%
Subtotal 9,807 78% 3,115 87% 12,922 80%
Other
Withdrawn by applicant 1,447 12% 205 6% 1,652 10%
Dismissed by Tribunalb 325 3% 54 2% 379 2%
No jurisdiction 932 7% 226 6% 1,158 7%
Subtotal 2,704 22% 485 14% 3,189 20%
TOTALc 12,511 100% 3,600 100% 16,111 100%

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 5,519 or 44% of all migration decisions (comprised of 5,194 decisions affirmed and 325 applications dismissed by the Tribunal). The total number of refugee decisions affirmed is 2,582 or 72% of all refugee decisions (comprised of 2,528 decisions affirmed and 54 applications dismissed by the Tribunal).

c Percentages may not total 100% due to rounding.

Subtable A4.2.4 Social Services and Child Support Divisiona

  CENTRELINK
(1ST REVIEW)
CHILD SUPPORT PAID PARENTAL LEAVE TOTAL
No % of total No % of total No % of total No % of total
By decisionb
Decision affirmed 7,921 55% 590 31% 168 73% 8,679 53%
Decision varied or set aside 3,125 22% 792 41% 14 6% 3,931 24%
Subtotal 11,046 77% 1,382 72% 182 79% 12,610 76%
By consent
Decision affirmedc N/A N/A 0 0% N/A N/A 0 0%
Decision varied or set asidec N/A N/A 4 <1% N/A N/A 4 <1%
Dismissed by consentd 7 <1% 39 2% 0 0% 46 <1%
Dismissed by operation of lawe 0 0% N/A N/A 0 0% 0 0%
Subtotal 7 <1% 43 2% 0 0% 50 <1%
Other
Withdrawn by applicant 804 6% 243 13% 15 7% 1,062 6%
Dismissed by Tribunalf 328 2% 53 3% 1 <1% 382 2%
No jurisdiction 2,180 15% 153 8% 32 14% 2,365 14%
Other 0 0% 52 3% 0 0% 52 <1%
Subtotal 3,312 23% 501 26% 48 21% 3,861 23%
Totalg 14,365 100% 1,926 100% 230 100% 16,521 100%

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

b 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 under section 42C.

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

e If an application for a review of a Centrelink 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.

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 Percentages may not total 100% due to rounding.

Subtable A4.2.5 Taxation and Commercial Divisiona

  TAXATION OTHERb TOTAL
No % of total No % of total No % of total
By decision
Decision affirmed 85 8% 15 11% 100 8%
Decision varied, remitted or set aside 37 3% 7 5% 44 4%
Subtotal 122 11% 22 17% 144 11%
By consent
Decision affirmed 9 1% 2 2% 11 1%
Decision varied, remitted or set aside 514 46% 6 5% 520 41%
Dismissed by consent 13 1% 0 0% 13 1%
Dismissed by operation of law 1 <1% 0 0% 1 <1%
Subtotal 537 48% 8 7% 545 43%
Other
Withdrawn by applicant 360 31% 50 38% 410 32%
Dismissed by Tribunal 103 9% 26 20% 129 10%
No jurisdiction 3 0% 12 9% 15 1%
Extension of time refused 8 1% 2 2% 10 1%
Other 3 0% 12 9% 15 1%
Subtotal 477 41% 102 77% 579 45%
TOTALc 1,136 100% 132 100% 1,268 100%

a See the notes to Subtable A4.2.1 for information about the outcome types.

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 Percentages may not total 100% due to rounding

Table A4.3 Number of alternative dispute resolution processes, directions hearings and hearings,
2013-14 to 2015-16

EVENT TYPE 2013-14 2014-15 2015-16
Conferencesa 7,636 7,775 8,082
Conciliationsa 555 523 529
Other ADR processes (case appraisals, mediations and neutral evaluations)a 64 23 25
Directions hearingsb 1,945 1,721 2,788
Interlocutory hearingsc 524 625 741
Hearings 1,083 1,183 24,856

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

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

c Interlocutory hearings are hearings listed in divisions other than the Migration and Refugee Division and the 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 review, to be joined as a party to a proceeding, to make a confidentiality order under section 35 of the Administrative Appeals Tribunal Act, to stay the operation or implementation of a reviewable decision, to dismiss an application or to reinstate an application.

Table A4.4 Court appeals lodged and finalised, 2015-16 - By division and major areas of work within divisionsa

DIVISION/AREA OF WORK COURT APPEALS LODGED COURT APPEALS FINALISEDc
Lodged 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 5 23% 0 4 4 0%
General 47 3% 17 42 59 29%
  Centrelink
(2nd review)
17 2% 4 18 22 18%
  Workers’ compensationd 15 7% 8 15 23 35%
  Other 15 3% 5 9 14 36%
Migration and Refugee 3,269 23% 723 2,235 2,958 24%
  Migration 1,640 15% 492 1,171 1,663 30%
  Refugee 1,629 48% 231 1,064 1,295 18%
National Disability Insurance Scheme 0 0% 0 0 0 0%
Security 0 0% 0 0 0 0%
Social Services and Child Supporte 33 2% 3 30 33 9%
Taxation and Commercial 20 8% 6 16 22 27%
  Taxation 18 9% 5 16 21 24%
  Otherf 2 3% 1 0 1 100%
Veterans’ Appeals 7 6% 5 6 11 45%
TOTAL 3,381 19% 754 2,333 3,087 24%

a These figures include appeals lodged or finalised in the reporting year that relate to decisions made by the AAT, MRT, RRT or SSAT prior to 1 July 2015 as well as decisions made by the AAT from 1 July 2015.

b This figure represents the number of appeals lodged in 2015-16 as a proportion of all AAT decisions that could have been appealed to the courts in 2015-16.

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 the 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.