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.
Part VI of the Safety, Rehabilitation and Compensation Act 1988 (SRCA) provides for 'Reconsideration and Review of Determinations'.
'Reconsideration' is a process whereby the Military Rehabilitation and Compensation Commission (MRCC) carries out an internal review of a decision made under the provisions of the SRC Act.
'Review' is a process whereby a decision made following a reconsideration can be reviewed by the Administrative Appeals Tribunal (AAT).
The purpose of both Reconsiderations and Reviews is to ensure that the correct decision is reached. It is not a matter of defending the original, or reconsidered decision. Often, further evidence comes to light that enables a Delegate to come to a different view than was previously held. That is not to say that the original decision was wrong, but rather that a different decision can now be made.
This is particularly so in the Administrative Appeals Tribunal (AAT) where it is the role of the Department to put all evidence before the Tribunal to allow a correct decision to be reached.