The Obligation to Assist: Model Litigants in AAT Proceedings Seminar

A full day seminar was jointly hosted by the AAT Canberra Registry and the Australian Capital Territory Bar Association on 26 August 2009 at the Visions Theatre, National Museum of Australia, Canberra.

The seminar addressed issues and best practice concerning the obligation of government decision-makers:

• to assist the Tribunal under subs 33(1AA) of the Administrative Appeals Tribunal Act 1975, and
• to comply with the Legal Services Directions 2005 (as amended), including the model litigant rules, in the conduct of proceedings before the Tribunal.

The purpose of the seminar was to promote and clarify the obligations on decision-makers and government agencies in proceedings before the Tribunal, with a view to identifying issues and advancing best practice.

Program

Links to papers and presentations are provided where available.

9.00 am - 10.00 am SESSION 1 - Overview

• Welcome
  Mr Stuart Pilkinton, President, ACT Bar Association

• Introduction: The obligation to assist (PDF, 44 KB)
  The Hon Justice Garry Downes AM, President, Administrative Appeals Tribunal

• Keynote address: Legal Services Directions and Model Litigant Obligations
  The Hon Robert McClelland MP, Attorney-General

10.30 am - 12:00 pm SESSION 2 - Issues

• Issues for decision-makers (RTF, 217 KB)
  Mr Roger Wilkins, Secretary, Attorney-General's Department

• Issues for representatives
  Mr Tom Howe QC, General Counsel, Australian Government Solicitor

• Issues in proceedings - the Bar (RTF, 135 KB)
  Mr Philip Walker, Barrister

• Issues in proceedings - the Tribunal (RTF, 183 KB)
  Senior Member James Constance, Administrative Appeals Tribunal

• Panel Discussion
  Chair - Mr Stuart Pilkinton, President, ACT Bar Association

1.00 pm - 2.30 pm SESSION 3 - Approaching Best Practice: Evidence

• Decision-makers and agencies - When is enough, enough? (PDF, 63 KB)
  Mr Steve Kibble, Acting Chief Executive Officer, Comcare

• Expert opinion evidence
  Ms Carolyn Spiers, National Manager, Principal Legal Advisor, Department of Veterans' Affairs

• Self represented claimants (PDF, 170 KB)
  Ms Kathryn Johnson, National Manager, Centrelink

• Issues concerning settlements and commercial considerations - In search of solutions
  Mr Michael D'Ascenzo, Commissioner for Taxation, Australian Tax Office

• Panel Discussion
  Chair - Senior Member James Constance, Administrative Appeals Tribunal

3:00 pm - 4:30 pm SESSION 4 - Approaching Best Practice: Procedure

• Issues concerning legal advice and representation
  Mr Andrew Metcalfe, Secretary, Department of Immigration and Citizenship

• Agency appeals to the AAT - a departmental perspective ( PDF, 137 KB)
  Mr George Kriz, Chief Legal Officer, Department of Employment, Education and Workplace Relations

• Instructors - stages of decision-making
  Mr David Sullivan, Senior Manager, Litigation, Australian Prudential Regulation Authority

• Issues of consistency, standards and compliance (RTF, 237 KB)
  Mr Ian Govey, Deputy Secretary, Attorney-General's Department

• Panel Discussion
  Chair - Ms Lorraine Walker, Barrister, ACT Bar Association

4.30 pm - 4:45 pm Outcomes

• Closing remarks
  The Hon Justice Garry Downes AM, President, Administrative Appeals Tribunal