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Applications for Review by the Administrative Appeals Tribunal (AAT)
Application for review to the AAT
Form of application to the AAT
Subsection 29(1) of the Administrative Appeals Tribunal Act 1975 states that the application to the Tribunal may be made in accordance with the prescribed form. While the word 'may' does allow for applications other than on the prescribed form, it is important that the wording of the request adequately conveys that an application for review by the AAT is being sought. The application to the Tribunal for review of a decision must:
- be in writing, and
- include a statement of the reasons for the application.
Application to AAT - DVA's obligations
Time limit for lodgement of application
The time allowed for lodging an application for review with the AAT is three months from the date the Commission's decision and statement of reasons following a review were served on the applicant. In order to meet the time limit, the AAT must receive the application for review within this time. Any application to the AAT incorrectly forwarded to DVA should immediately be sent to the AAT.
Applicant may request longer period in which to apply
If the three months has expired an applicant can still apply to the AAT for review, but no later than 12 months after the decision was furnished on the applicant. The AAT will then consult with the Repatriation Commission to see if it objects to an extension of time. If the other party to the review does not object, the review proceeds as normal. However, the earliest effective date may differ, if the application for review to the AAT is made out of time. The AAT in granting an application must look at both the reason for the delay and the merit of the application. The Commission rarely objects to the grant of an extension.