Oa No. 152 - Administrative Appeals Tribunal Amendment Act No 31 Of 1993

OPERATIONAL ADVICE NO. 152

ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT ACT NO 31 OF 1993

State Managers
State Claims Services Managers
State Review Services Managers
State Business Services Managers
State Executive Officers
General Managers
Group Managers
All claims services staff

This advice addresses recent changes to the Administrative Appeals Tribunal Act 1975 (the AAT Act).  The Administrative Appeals Amendment Bill 1992, which amends the AAT Act, was passed by the Senate on 18 May 1993 and the House of Representatives on 27 May 1993.  It received Royal Assent on 16 June 1993, Act No 31 of 1993.

The Act amends the AAT Act to:

• give effect to recommendations of the Report of the Review of the Administrative Appeals Tribunal;

• provide for mediation; and,

• provide that the Tribunal may accept documents lodged by electronic means.

Due to time constraints, a number of amendments proposed by the Report of the Review of the Administrative Appeals Tribunal are not included in the Amendment Act.  It is expected that the remainder of the proposed amendments will be included in the next available Law and Justice Amendment Bill.  These amendments concern the:

• power to award costs;

• interpretation and composition of the Tribunal;

• two member hearings;

• Deputy Registrars and staff of the Tribunal;

• lodging of material documents;

• operation and implementation of a decision that is subject to appeal;

• disclosure of confidential information;

• regulation power making;

• determination of an application for a review on the papers;

• a decision makers powers in respect of a decision before the tribunal;

• correction of decisions; and

• variation of time limits.

(signed 30/11/93)

Antoinette le Marchant
General Manager
Business Development & Customer Service Division

30 November 1993