35.7 Policy

It is essential that the Department's litigation strategy regarding matters appealed to the AAT is not compromised. To ensure this delegates at all levels, are to advise the Reconsideration and Appeals Section of the National Office by email or facsimile ((02) 6289 6190) of any decision they intend to make in relation to any claim for compensation for a claimant who has an appeal before the AAT.

The intended decision will be considered in consultation with the Department's legal representative in the matter before the AAT and the delegate will be informed as to whether the decision is to be processed and/or provide written advise as to how to proceed.

This action will ensure that no decision made will compromise the Department's case before the AAT.

Delegates are to ensure that the 'Review' section contained in all DEFCARE records for the claimant are checked prior to making any decision. If the DEFCARE record indicates that an appeal is before the AAT, the delegate must advise in accordance with paragraph 6 on the previous page.