What happens after I lodge my application?
We will send a letter to the applicant to confirm that we have received the application and explain what will happen next.
We will also notify the parties to the review that we have received the application. As well as you, the parties are:
- the decision-maker
- any other person who is a party to the review.
You can check the Guide to Workers’ Compensation Jurisdiction for more information about what happens after you lodge the application. You can also watch our video guide.
If representing yourself, we will usually call you within 6 weeks after we receive the application to explain the review process and ask whether you need additional assistance, such as an interpreter.
Review of procedures pilot – Canberra registry only
As part of a review of the procedures the AAT uses to resolve workers' compensation reviews where both parties are represented, a pilot program will commence on 1 February 2022 in the Canberra registry. The program will trial some procedural changes to the way workers' compensation reviews are conducted in the AAT for the purpose of further consultation on a new dedicated Workers' Compensation Practice Direction. You can read a factsheet with further information about the pilot and a copy of the questionnaire that is being trialled as part of the pilot. Practitioners are encouraged to provide feedback at any stage during the pilot program by sending the feedback to [email protected].
What if we cannot review the decision?
We will write to the applicant and give you an opportunity to tell us why you think we can review the decision. If you do not respond or cannot show us that we can review the decision, we might dismiss the application. Sometimes a hearing is held to decide if we can review the decision.
Does the decision continue to operate during the review?
The decision will usually continue to operate during the review. In some cases, we can make an order which ‘stays’ (suspends) the operation or implementation of the decision until the review is finalised.
You can use the Request for stay order form to ask for a stay order.
Documents relevant to the review
The decision-maker will send us the decision and all relevant review documents within 28 days after being told the application has been received. These are called ‘T documents’.
T documents will also be sent to you and any other party. If you have a representative, we will usually send the T documents to that person.
T documents are provided under section 37 of the Administrative Appeals Tribunal Act 1975.
Confidential T Documents
The decision-maker can ask the AAT for a direction that certain information within the T documents is not to be disclosed to you or any other party. You can also ask the AAT for a direction if there is information you do not want another party to see. We will consider any application and tell you our decision.
Request the T documents earlier
You can ask for the T documents to be provided earlier if a delay would cause you hardship. You must complete the Request for order to shorten time for lodging documents form. We will consider any request and tell you our decision.
Giving us new information
You can give us new information that you think supports your case.
In limited circumstances, we can order that:
- the hearing is held in private
- the name or address of a party or witness, or other information that we hold, be kept confidential
- a written decision is not made public.
You, another party or the decision-maker can apply for a confidentiality order at any stage of the review by telling us in writing what it is that you want to be kept confidential and why.
We will only make a confidentiality order if we are satisfied there is a good reason for doing so.
Alternative dispute resolution
We use alternative dispute resolution (ADR) to:
- talk with the parties to the review about the decision and the issues in dispute
- if possible help parties reach an agreement before a hearing
- if an agreed outcome cannot be reached, prepare for a hearing.
We will usually hold a conference first. Many cases are resolved without the need for a hearing.
You can look at the Alternative dispute resolution guidelines for more information.
We might decide to hold a directions hearing by telephone or in person at the AAT’s offices to talk about any issue in the review. This could happen if you, another party or the decision-maker ask for it, or if we decide it is necessary.
If the review is not resolved at an earlier stage, we will usually hold a hearing.
The hearing is an opportunity for you to present information and talk about why you agree or disagree with the decision under review.