The AAT carries out a merits review of administrative decisions taken under the Commonwealth rules. The tribunal examines decisions taken by Australian government ministers, departments, and agencies. Additionally, they also review the decisions of state governments and non-government organizations in certain circumstances. The AAT also looks at decisions taken under the laws of Norfolk Island.
Talking about the creation of AAT, it was created by the Administrative Appeals Tribunal Act of 1975. The actual operations of AAT began on July 1, 1976. On July 1, 2015, the Migration Review Tribunal, Refugee Review Tribunal, and Social Security Appeals Tribunal were merged into the Administrative Appeals Tribunal.
Likewise, the Attorney- General’s office is in charge of the AAT. So, the media releases and announcements related to the AAT come from the Attorney-General.
The AAT can only start to review a decision if a law states that AAT has the authority to review that particular decision. Therefore, AAT is authorized to review decisions that are taken under more than four hundred Commonwealth Acts and legislative instruments.
Some common decisions AAT can review are related to the following:
Furthermore, some more decision review areas include:
Likewise, AAT can review some decisions taken under some Norfolk Island rules, such as construction, land valuation, and planning decisions.
AAT is not often the first step when a decision needs to be checked. In some instances, AAT won’t be able to review a decision until it’s been subjected to an internal review or a review by a professional body such as the Veterans’ Review Board.
AAT may also do a follow-up analysis of certain decisions made by their Social Services & Child Support Division. The General Division of AAT conducts such a second check.
Decisions are reviewed “on the merits”. It means that AAT examines the related data, laws, and policies again before reaching their judgment. This is because AAT must make the legally correct decision. However, if there are multiple correct decisions, it can choose the most preferable decision.
AAT has the power to:
AAT aims to provide a review system that is:
Furthermore, depending on the type of decision under review, the review process will differ accordingly.