The Administrative Appeals Tribunal (AAT) is an independent body that reviews and evaluates the merits of administrative decisions made under Commonwealth laws. This includes decisions made by Australian government ministers, departments, and agencies, as well as, in certain cases, decisions made by state government and non-government organizations. The AAT also reviews decisions made under Norfolk Island laws.
The AAT was established by the Administrative Appeals Tribunal Act in 1975 and began operations on July 1, 1976. On July 1, 2015, the Migration Review Tribunal, Refugee Review Tribunal, and Social Security Appeals Tribunal were merged into the AAT. The AAT falls under the oversight of the Attorney-General's portfolio.
Functions & Powers
The Administrative Appeals Tribunal (AAT) is limited to reviewing only those decisions that are explicitly permitted by law to be subject to their review. However, the AAT has the authority to examine decisions made under more than 400 different Commonwealth Acts and regulations. The most frequent types of decisions the AAT looks into include:
- Child support
- Family assistance, paid parental leave, social security and student assistance
- Commonwealth workers’ compensation
- Migration and refugee visas and visa-related decisions
- Veterans’ entitlements
- Taxation
They also review decisions relating to:
- Australian Citizenship
- Civil aviation
- Customs
- The National Disability Insurance Scheme
- Security assessments by the Australian Security Intelligence Organisation
- Bankruptcy
- Corporations and financial services regulation
- Freedom of Information
- Passports
The AAT can also review decisions made under a limited set of Norfolk Island laws, including those related to building, land valuation, and planning.
The AAT is not always the initial step in having a decision reviewed. In some instances, they cannot review a decision until an internal review of the primary decision has been conducted or a specialized body like the Veterans' Review Board has reviewed it.
Additionally, the AAT can perform a second review of certain decisions that have already been reviewed within their Social Services & Child Support Division. This secondary review is carried out through their General Division.
Review of Decisions
The Administrative Appeals Tribunal (AAT) takes a fresh, comprehensive look at decisions, carefully considering the relevant facts, laws, and policies to reach their own independent conclusions. They are responsible for making legally correct decisions, or the most appropriate decision when there are multiple valid options.
The AAT has the authority to:
- Uphold a previous decision
- Cancel a decision and replace it with a new one
- Modify a decision
- Send a decision back to the original decision-maker for further review
The AAT aims to provide a review process that is:
- Accessible to the public
- Fair, just, cost-effective, and timely
- Tailored to the significance and complexity of the matter
- Builds public trust and confidence in the Tribunal's decision-making
The specific review procedures vary depending on the type of decision being evaluated.
