DVA's Obligations Towards Application to the Administrative Appeals Tribunal (AAT)

From 14 October 2024 the Administrative Review Tribunal (ART) replaces the Administrative Appeals Tribunal (AAT).  Appeal pathways and matters remain largely the same as previous AAT arrangements under ART arrangements, although specific legislative section numbers in the ART Act differ.  Importantly, timeframes for appeals for veterans and provision of information etc. remain the same.  Except for pages relating to prior historical rulings, reviews and advice, after 14 October 2024 references to the AAT in these pages should be taken as a reference to ART. 

Forwarding applications to Administrative Appeals Tribunal

If an application to the AAT is incorrectly forwarded to DVA, the Department must:

• forward the application immediately to the AAT, and
• advise the applicant of this action.

The advice to the applicant should stress that DVA, in forwarding the application, is acting to assist the applicant and is not an agent of the AAT. Prompt action is vital, as the time limit for lodging an application with the AAT is calculated using the date the application is received by the AAT, not DVA.    

Provision of documents to the Administrative Appeals Tribunal (AAT)

When a person lodges an application for review of a decision, the Commission is required by section 37 of the Administrative Appeals Tribunal Act 1975 to provide the Tribunal with documents which contain:

• a statement setting out the findings on material questions of fact, referring to:
• the evidence or other material on which those findings were based, and
• giving the reasons for the decision, and
• any other documents or part of a document that is in the possession or under the control of the Commission, and is relevant to the review of the decision by the AAT.

Time limit for provision of documents

Section 37 of the Administrative Appeals Tribunal Act 1975 stipulates that the time limit for provision of documents to the AAT is:

• 28 days after receipt of the Tribunal's request, or
• within a further period allowed by the Tribunal.

Unless other arrangements have been made, the provision of documents in qualifying service, service pensions and veteran payment matters are handled by the Review teams in the State Offices.