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Administrative Appeals Tribunal (AAT) Review
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. They review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws.
The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976.
The Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were amalgamated with the AAT on 1 July 2015.
The AAT falls within the portfolio of the Attorney-General.
Functions and Powers
They can only review a decision if a law states that the decision can be reviewed by the AAT.
The AAT can review decisions made under more than 400 Commonwealth Acts and legislative instruments. The most common types of decisions we review relate to:
- Child support
- Commonwealth workers’ compensation
- Family assistance, paid parental leave, social security and student assistance
- Migration and refugee visas and visa-related decisions
- Veterans’ entitlements.
They also review decisions relating to:
- Australian citizenship
- Civil aviation
- Corporations and financial services regulation
- Freedom of information
- The National Disability Insurance Scheme
- Security assessments by the Australian Security Intelligence Organisation.
AAT can also review decisions made under a small number of Norfolk Island laws, including decisions about building, land valuation and planning.
They are not always the first step in having a decision reviewed. In some cases, they cannot review a decision until there has been an internal review of the primary decision or review by a specialist body like the Veterans’ Review Board.
The AAT can also conduct a second review of certain decisions that have been reviewed in our Social Services & Child Support Division. A second review is conducted in our General Division.
Review of decisions
The AAT review decisions “on the merits”. This means that they take a fresh look at the relevant facts, law and policy and arrive at their own decision. They must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.
The AAT has the power to:
- Affirm a decision
- Vary a decision
- Set aside a decision and substitute a new decision, or
- Remit a decision to the decision-maker for reconsideration.
They aim to provide a review process that:
- Is accessible,
- Is fair, just, economical, informal and quick,
- Is proportionate to the importance and complexity of the matter, and
- Promotes public trust and confidence in the decision-making of the Tribunal.
The review process varies depending on the type of decision they are reviewing.