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.
Application for review to the AAT
A person may apply to the AAT for a review of the reviewable decisions where the decision has been reviewed by the delegate of the Veterans Review Board (VRB).
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
12.5.8/DVA's Obligations towards application to the Administrative Appeals Tribunal (AAT)
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:
- for review of decision under section 14 in the VEA[glossary:,:] the earliest effective date is six months before the date on which the application was made,
- for a review of a decision under s15 of the VEA or claims for attendant allowance (s98 of the VEA) the earliest effective date is the date on which the application is lodged.