1 Name of Regulations
These Regulations are the Administrative Appeals Tribunal Regulations 1976.
2 Commencement
These Regulations shall come into operation on 1 July 1976.
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
Act means the Administrative Appeals Tribunal Act 1975.
authorised officer means:
(a) for item 11 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 61 of the Building Act 2002 of the Territory of Norfolk Island; and
(b) for item 21 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 141 of the Environment Act 1990 of the Territory of Norfolk Island; and
(c) for item 35 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 94 of the Planning Act 2002 of the Territory of Norfolk Island; and
(d) elsewhere in these Regulations—a Registrar or Deputy Registrar appointed in accordance with section 12 of the Supreme Court Act 1960 of the Territory of Norfolk Island.
(2) A District Registrar and a Deputy Registrar:
(a) have all the powers and duties conferred on the Registrar under these Regulations, except the power under regulation 20B; and
(b) may perform all the functions that the Registrar may perform under these Regulations.
(3) In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1.
4 Seal of the Tribunal
(1) The seal of the Tribunal shall be of a design approved by the President and shall include:
(a) the Coat of Arms of the Commonwealth of Australia, that is to say, the armorial ensigns and supporters granted to the Commonwealth by Royal Warrant dated 19 September 1912; and
(b) the words “Administrative Appeals Tribunal”.
(2) There shall be kept at each Registry, in such custody as the President directs, a seal of the Tribunal, and any of those seals may be used as the seal of the Tribunal.
(3) The seal of the Tribunal shall be affixed by or with the authority of the Tribunal to such documents as are required by a direction of a presidential member to be sealed with the seal of the Tribunal.
4A Veterans’ Appeals Division
For the purposes of subsection 19(2) of the Act, the Veterans’ Appeals Division is a Division of the Tribunal.
5 Application for review
(1) For the purposes of paragraph 29(1)(b) of the Act, the prescribed form is Form 1.
(2) An application under subsection 29(7) of the Act may be made in accordance with Form 2.
(3) For the purposes of subsection 29(10) of the Act, the prescribed time is 14 days.
(4) Notice may be given to the Tribunal under subsection 29(10) of the Act by lodging with the Registrar a notice in writing in accordance with Form 3.
(5) For the purposes of subsection 29(11) of the Act, the prescribed form is Form 4.
(6) Where, after a notice in accordance with Form 4 has been issued, the Tribunal has made an order under subsection 37(1A) of the Act, the Registrar shall serve on the person who made the decision to which the order relates an amended notice in accordance with Form 4.
5A Arrangement of business
Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application made or, because of section 60 of the Veterans’ Affairs (1994‑95 Budget Measures) Legislation Amendment Act 1994, taken to have been made, under section 175 of the Veterans’ Entitlement Act 1986 shall be dealt with in the Veterans’ Appeals Division of the Tribunal.
5B Taxation appeal matters
Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application to the Tribunal to review a decision of the Commissioner of Taxation made under the Pay‑roll Tax Assessment Act 1941 or under a taxation law within the meaning of section 2 of the Taxation Administration Act 1953 shall be dealt with in the Taxation Appeals Division of the Tribunal.
5C Application of the Act to certain decisions of the Australian Securities Commission
(1) In this regulation, unless the contrary intention appears:
relevant decision means a decision to which section 1317B of the Corporations Law applies that was made by the Australian Securities Commission on or after 11 December 1993.
the Commission is taken to include a reference to a delegate of the Commission.
(2) For the purposes of paragraph 27A(2)(e) of the Act, it is declared that subsection 27A(1) of the Act does not apply to a relevant decision.
(3) Subject to subregulation (5), the Commission must take steps that are reasonable in the circumstances to give notice, in accordance with subregulation (4), to each person whose interests are affected by a relevant decision.
(4) The notice may be in writing or otherwise, and must tell the person to whom it is given:
(a) of the making of the relevant decision; and
(b) of the right of the person to have that decision reviewed under section 1317B of the Corporations Law.
(5) The Commission need not give notice to a person if the Commission considers that it is not reasonably practicable to do so, having regard to:
(a) the cost of giving the notice; and
(b) the manner in which the person’s interests are affected by the relevant decision.
(6) Failure by the Commission to comply with subregulation (3) in relation to a decision does not affect the validity of the relevant decision.
(7) In exercising its powers under subsection 29(6) of the Act in relation to a relevant decision, the Tribunal must have regard to any absence of notice of that decision to the applicant for review.
6 Application to be made a party
(1) An application to be made a party to a proceeding by a person referred to in subsection 30(1A) of the Act shall be in writing and may be in accordance with Form 5.
(2) The Registrar shall, on receipt of an application referred to in subregulation (1), cause a notice in writing of the application to be served on the parties to the proceeding.
7 Request for shortening period for lodging copies of material documents
A request under subsection 37(1A) of the Act shall be made:
(a) by application in writing in accordance with Form 5A; or
(b) as the Tribunal, in a particular case, directs or allows.
7A Request for order staying or otherwise affecting operation or implementation of a decision or part of a decision
A request under subsection 41(2) of the Act shall be made:
(a) by application in writing in accordance with Form 6; or
(b) as the Tribunal, or a presidential member, in a particular case:
(i) directs; or
(ii) allows.
7B Request for variation or revocation of staying order
A request under subsection 41(3) of the Act shall be made:
(a) by application in writing in accordance with Form 6A; or
(b) as the Tribunal, or a presidential member, in a particular case:
(i) directs; or
(ii) allows.
8 Notice of request under subsection 41(2) of the Act
(1) The Registrar shall, on receipt of a request under subsection 41(2) or (3) of the Act, give notice of the request to the person who made the decision and to any other party to the proceeding.
(2) Notice under subregulation (1) shall be given:
(a) if the request under subsection 41(2) or (3) of the Act is lodged in writing with the Registrar—by causing a copy of the request to be served on the person who made the decision and on any other party to the proceeding; and
(b) in any other case—in such other manner as the Tribunal or a presidential member directs or allows in a particular case.
8A Time within which application may be dismissed if applicant cannot show reviewable decision
For the purposes of paragraph 42A(4)(b) of the Act, the prescribed time is 14 days.
9 Lodging or filing of documents with Registrar
(1) The Registrar shall cause the date on which a document was lodged or received at his office to be recorded on the document.
(2) The Registrar shall acknowledge in writing the receipt of an application under subsection 28(1B), 29(1) or 29(7) of the Act, of an application referred to in subregulation 6(1), or of a request under subsection 37(1A), 41(2) or 41(3) of the Act that is lodged in writing.
(3) For the purposes of subsection 68(2) of the Act, a document may be lodged with the Registrar by facsimile transmission or electronic mail.
10 Notice under subsection 21(2) of the Act regarding composition of Tribunal
(1) Subject to subregulation (2), a notice under subsection 21(2) of the Act shall be lodged with the Tribunal by delivering the notice to the Registrar not less than 7 days before the day on which the hearing to which the notice relates is to commence.
(2) A presidential member may, at any time before the hearing of a proceeding before the Tribunal, approve the giving of a notice under subsection 21(2) of the Act on, or on a day within 7 days before, the day on which the hearing is to commence, and, where he gives such an approval, the notice shall be lodged with the Tribunal by delivering the notice to the Registrar on or before the day specified by the presidential member in his approval and before the hearing of the proceeding commences.
15 Forms of summons
A summons under subsection 40(1A) of the Act:
(a) shall be in accordance with Form 7, 8 or 9, as the case requires; and
(b) shall be served on a person by:
(i) delivering a copy of the summons to the person personally; and
(ii) showing the original of the summons to the person at the time at which the copy is delivered to him.
16 Witnesses expenses
A person summoned to appear as a witness before the Tribunal shall be paid such fees, and allowances for expenses, in respect of his attendance, in accordance with Schedule 2, as determined by the Tribunal or by a presidential member.
18 Address for service
(1) In this regulation:
lodge an address for service, in relation to a person, means give to the Registrar notice in writing of an address at which documents relating to a proceeding may be sent to that person.
(2) A person may:
(a) lodge an address for service of documents in a proceeding; and
(b) at any time after lodging an address for service in a proceeding, lodge a new address for service in that proceeding.
(3) If a person lodges with the Registrar a new address for service under paragraph (2)(b):
(a) that new address becomes the person’s address for service in the proceeding; and
(b) he or she must, immediately after doing so, serve on every other party to the proceeding a notice of that new address for service.
18A Service of documents
(1) In this regulation:
document includes:
(a) a notice (other than a notice referred to in section 67A of the Act); and
(b) a statement.
(2) A document may be served:
(a) by personal service in the way set out in subregulation (3), (4), (5) or (6), as the case requires; or
(b) by post in the way set out in subregulation (7).
(3) A document may be served on an individual by handing a copy of it to him or her, or putting it down in his or her presence, and telling him or her its general nature.
(4) If the person to be served has lodged an address for service, a document may be served by handing a copy of it to a person at that address who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, that address.
(5) A document may be served on an individual who has not lodged an address for service at his or her residential or business address last known to the person serving the document, by handing a copy of the document to a person who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, that address.
(6) A document may be served on a corporation that has not lodged an address for service at its registered office, by handing a copy of the document to a person who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, the address of that office.
(7) A document may be served on a person by post by enclosing it in a prepaid letter addressed to the person at the address that is the person’s address for service under regulation 18 or, if the person has not lodged an address for service under that regulation, at:
(a) in the case of an individual—his or her residential or business address last known to the person posting the document; or
(b) in the case of a corporation—its registered office.
(8) If a document is served by post in accordance with subregulation (7), it is taken to be served on the day it is posted.
19 Prescribed fees—general
(1) Subject to this regulation, a fee of $777 (in this regulation called an application fee) is payable for lodging with the Tribunal of:
(a) an application for review of a decision, other than a relevant taxation decision within the meaning of Part IIIAA of the Act; or
(b) an application under subsection 28(1AC) of the Act; or
(c) an application under subsection 62(2) of the Freedom of Information Act 1982;
other than an application for review of a prescribed decision.
Note: This fee is subject to increase under regulation 19A.
(2) In this regulation, prescribed decision means:
(a) a decision specified in Schedule 3; or
(b) a decision reviewable under the Freedom of Information Act 1982, being a decision made in relation to a document that relates to a decision specified in Schedule 3.
(3) Subregulation (1) does not apply to a referral of a decision (being a referral that is deemed by an enactment to constitute an application to the Tribunal for review of the decision) where a fee is payable under a provision of that or another enactment on the lodgment of a request to refer the decision to the Tribunal.
(5) If 2 or more applications:
(a) relate to the same applicant; and
(b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time;
the Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable for those applications.
(6) A fee of $100 is payable instead of the application fee if:
(a) the person liable to pay the application fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General, for the matter to which the application fee relates; or
(b) the person liable to pay the application fee is:
(i) the holder of one of the following cards issued by the Department of Family and Community Services:
(A) a health care card;
(B) a health benefit card;
(C) a pensioner concession card;
(D) a Commonwealth seniors health card; or
(ii) the holder of any other card issued by the Department of Family and Community Services or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or
(iii) an inmate of a prison or is otherwise lawfully detained in a public institution; or
(iv) a child under the age of 18 years; or
(v) in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or
(vi) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme.
(6A) If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day‑to‑day living expenses, liabilities and assets of a person liable to pay an application fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may order that a fee of $100 is payable instead of the application fee.
(6B) The fee for lodging an application is payable when the application is lodged.
(6C) If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.
(6D) If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.
(7) A person who has paid an application fee or a fee mentioned in subregulation (6) or (6A) is entitled to a refund of the fee if the fee was not payable.
(8) A person is entitled to a refund (the refund amount), if:
(a) the person paid an application fee but was liable to pay the fee mentioned in subregulation (6); or
(b) the person paid an application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
(9) The refund amount is:
(a) if the application was lodged before 1 November 2010—the application fee; and
(b) if the application is lodged on or after 1 November 2010—the difference between the application fee and $100.
19AA Prescribed fees—Part IIIAA taxation decisions
(1) In this regulation:
lower application fee and standard application fee have the respective meanings given in section 24AA of the Act.
(2) For Part IIIAA of the Act:
(a) the amount of a lower application fee is $77; and
(b) the amount of a standard application fee is $777.
Note: For Part IIIAA of the Act, a ‘lower application fee’ is payable in respect of an application for the review of a relevant taxation decision if subsection 24AC(1) of the Act applies in respect of the hearing and determination of the application. A ‘standard application fee’ is payable in respect of the application if subsection 24AC(1) does not apply.
(4) For paragraph 24AD(2)(c) of the Act, if no direction is given by the Tribunal for the period within which an additional fee must be paid, the prescribed period is 28 days from the date of making of the order.
(5) The Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable in relation to 2 or more applications for which the same fee is payable, if they:
(a) relate to the same applicant; and
(b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time.
(6) Subregulation (6A) applies to a person if:
(a) the person is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General; or
(b) the person is:
(i) the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:
(A) a health care card;
(B) a health benefit card;
(C) a pensioner concession card;
(D) a Commonwealth seniors health card; or
(ii) the holder of any other card issued by the Department of Families, Housing, Community Services and Indigenous Affairs or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or
(iii) serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or
(iv) a child under the age of 18 years; or
(v) receiving youth allowance or Austudy payment, within the meaning of the Social Security Act 1991; or
(vi) receiving benefit under ABSTUDY, within the meaning of the Social Security Act 1991.
(6A) If a person mentioned in subregulation (6) is liable to pay a standard application fee or an additional fee:
(a) a fee of $100 is payable by the person instead of a standard application fee; and
(b) either:
(i) if the lower application fee is less than $100—an amount equal to the difference between the lower application fee and $100 is payable by the person instead of an additional fee; or
(ii) in any other case—a fee of $100 is payable instead of an additional fee.
(6B) If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day‑to‑day living expenses, liabilities and assets of a person liable to pay a standard application fee or an additional fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may:
(a) order that a fee of $100 is payable instead of a standard application fee; or
(b) either:
(i) if the lower application fee is less than $100—order that an amount equal to the difference between the lower application fee and $100 is payable instead of an additional fee; or
(ii) in any other case—order that a $100 fee is payable instead of an additional fee.
(6C) The fee for lodging an application is payable when the application is lodged.
(6D) If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.
(6E) If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.
(7) A person who has paid any of the following fees is entitled to a refund of the fee if the fee was not payable:
(a) the lower application fee;
(b) the standard application fee;
(c) the additional fee;
(d) the fee mentioned in paragraph (6A)(a);
(e) the fee mentioned in subparagraph (6A)(b)(i);
(f) the fee mentioned in subparagraph (6A)(b)(ii).
(8) A person is entitled to a refund (the refund amount), if:
(a) the person paid the standard application fee but was liable to pay the lower application fee; or
(b) the person paid the standard application fee but was liable to pay the fee mentioned in paragraph 6A(a); or
(c) the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(i); or
(d) the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(ii); or
(e) the person paid the standard application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant; or
(f) the person paid the lower application fee and the additional fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
(9) For subregulation (8), the refund amount is:
(a) for paragraph (8)(a)—the difference between the standard application fee and the lower application fee; and
(b) for paragraph (8)(b)—the difference between the standard application fee and the fee mentioned in paragraph (6A)(a); and
(c) for paragraph 8(c)—the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(i); and
(d) for paragraph 8(d)—the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(ii); and
(e) for paragraph (8)(e):
(i) if the application was lodged before 1 November 2010—the application fee; or
(ii) if the application was lodged on or after 1 November 2010—the difference between the application fee and $100; and
(f) for paragraph (8)(f):
(i) if the application was lodged before 1 November 2010—the sum of the lower application fee and the additional fee; or
(ii) if the application was lodged on or after 1 November 2010—the difference between the sum of the lower application fee and the additional fee, and $100.
(10) If:
(a) an order is made under paragraph 24AD(4)(e) of the Act in relation to applications made by a person; and
(b) the total amount of application fees paid by the person is greater than the standard application fee;
the person who paid the fees is entitled to a refund of an amount equal to the difference between the standard application fee and the total amount of the fees paid.
Note: The effect of paragraph 24AD(4)(e) of the Act is that if an applicant has applications before the Small Taxation Claims Tribunal and the Administrative Appeals Tribunal, the Registrar, a District Registrar or a Deputy Registrar may order that 1 standard application fee is payable for all of the applications.
19A Biennial increases in fees
Despite any other provision of these Regulations, the fees prescribed by regulations 19 (except the fees mentioned in subregulations (6) and (6A)) and 19AA (except the fees mentioned in paragraphs (6A)(a) and (6B)(a)) are increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 2010.
19B Calculation of increase
(1) In this regulation:
fee means a fee prescribed by regulation 19 (except a fee mentioned in subregulation (6) or (6A)) or 19AA (except a fee mentioned in paragraph (6A)(a) or (6B)(a)).
CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.
relevant period means any of the following periods:
(a) the 2 year period commencing on 1 July 1996;
(b) after that period—each 2 year period commencing on a biennial anniversary of 1 July 1996.
(2) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:
where:
earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period; and
fee is the fee in force at the end of the relevant period; and
latest CPI number is the CPI number for the last March quarter before the end of the relevant period.
(3) If, apart from this subregulation, the amount of a fee increased under subregulation (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.
(4) Subject to subregulation (5), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.
(5) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard shall be had only to numbers published in terms of the new reference base.
20 Review by Tribunal—certain fee payment decisions
(1) A person may apply to the Tribunal for a review of any of the following decisions by the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer:
(a) under subregulation 19(5) or subregulation 19AA(5), not to order that only 1 fee is payable;
(b) under subregulation 19(6A), not to order that a fee of $100 is payable;
(c) under paragraph 19AA(6B)(a), not to order that a fee of $100 is payable;
(d) under subparagraph 19AA(6B)(b)(i) not to order that an amount equal to the difference between the lower application fee and $100 is payable;
(e) under subparagraph 19AA(6B)(b)(i) not to order that a fee of $100 is payable.
(2) If the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer makes a decision of that kind, a notice must be given to the person liable to pay the fee:
(a) containing the terms of the decision; and
(b) giving written reasons for the decision; and
(c) containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.
(3) A notice under subregulation (2) must be given within 28 days of the date of the decision.
(4) Failure to include in a notice under subregulation (2) a statement of the kind mentioned in paragraph (2)(c) does not affect the validity of the decision.
20A Review by Tribunal—Norfolk Island enactment decisions
(1) For subsection 25(2) of the Act, a person may apply to the Tribunal for review of a decision:
(a) made in the exercise of powers conferred by a Norfolk Island enactment; and
(b) mentioned in column 2 of the table in Part 2 of Schedule 4.
(2) For paragraph 25(3)(a) of the Act, a decision maker mentioned in column 3 of the table in Part 2 of Schedule 4 is specified.
20B Registrar may authorise certain authorised officers to perform some powers or functions
If a person is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer, the Registrar may authorise the person to exercise a power or function (except the power under this regulation) in relation to an application that is:
(a) lodged at the Registry of the Tribunal caused to be established on Norfolk Island under subsection 64(1) of the Act; or
(b) listed to be heard by the Tribunal.
21 Prescribed contract limit
For subsection 24A(4) of the Act, a higher amount of $1,000,000 is prescribed.
22 Prescribed number of members
For subparagraph 49(1)(d)(ii) of the Act, 11 is prescribed.
Schedule 1
Form 1—Application for review of decision
(subregulation 5(1))
Administrative Appeals Tribunal
or
Small Taxation Claims Tribunal
Application for review of decision
| Applicant Full name | Title: Mr ¨ Ms ¨ Mrs ¨ Miss ¨ Other....... Family name (surname): Given names: |
| | |
| Gender | Male ¨ Female ¨ | Date of birth | |
| | |
| Telephone (business) | ( ) | Telephone (home) | ( ) |
| | |
| Your address | Postcode |
| | |
| The name, address and telephone number of your representative (if you have one) | |
| | |
| Interpreter | Do you require the assistance of an interpreter? Yes ¨ No ¨ If yes, for which language? |
| Disability | If you have a disability and need assistance, please indicate: Visual ¨ Hearing ¨ Wheel chair user ¨ Other, please specify................................ | |
| | | | | |
| Decision | You do not have to answer this question if you can attach a copy of the decision. If you do not have a copy, please describe the decision briefly: |
| | |
| Date of decision | | Decision reference | |
| | |
| Date you received notice of the decision | |
| | |
| Who made the decision, if known | Department or other body: Address: |
| | |
| Reasons for application | What are your reasons for seeking review of this decision? |
| | |
| Tax matters | Please state the amount of tax in dispute (only answer this question if you want a tax decision reviewed). $ |
| | |
| Signature | | Date | |
| | | | | | |
Form 2—Application for extension of time for lodging application for review of decision
(subregulation 5(2))
Administrative Appeals Tribunal
Application for extension of time for lodging application for review of decision
Note Subsection 29(7) of the Act provides that the tribunal may extend the time for the making of an application for review of a decision.
I apply for an extension of time for lodging an application for review of the decision described in item 2.
| | |
| 1. Applicant | Mr/Mrs/Ms/Miss/Other |
| (full name) | Family name (surname) |
| | |
| | Given name(s) |
| | |
| | |
| Telephone | Business ( ) Home: ( ) |
| | |
| | |
| Your | |
| address | |
| | |
| | Postcode |
| | |
| The name, address and telephone number of your representative (if you have one) | Postcode |
| | |
| 2. Decision | Attach a copy, if possible, or describe decision briefly. |
| | |
| | |
| | |
| | | | |
| Date of decision | | Decision reference | |
| (if copy of decision not attached) | | (if copy of decision not attached) | |
| Date decision | | |
| received | | |
| | | |
| Who made the | Department |
| decision, if you | or other body: |
| know (if copy of decision is not attached) | Address: Postcode |
| | |
| 3. To what date | | |
| are you seeking | | |
| an extension of time | | |
| | |
| 4. Reasons for application | Outline your reasons for applying for an extension of time for lodging your application for review of the decision |
| | |
| | |
| | |
| | |
| | |
| | | | | |
| Signature | | Date | | |
| | | | | |
| | | | | | | |
Form 3—Notice of opposing application for extension of time for lodging application for review of decision
(subregulation 5(4))
Administrative Appeals Tribunal
Notice of opposing application for extension of time for lodging application for review of decision
Note Subsection 29(10) of the Act and subregulation 5(4) provide that a person who wishes to oppose an application for extension of time for review of an application may do so in accordance with this form.
The person described in item 1 opposes the application made by the person described in item 4 to extend the time for lodging an application for review of the decision made by the person described in item 5.
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| 1. Person giving | Mr/Mrs/Ms/Miss/Other |
| notice of opposition | Family name (surname) |
| (full name) | |
| | Given name(s) |
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| Telephone | Business: ( ) Home: ( ) |
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| Your address | |
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| | Postcode |
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| The name, address and telephone number of your representative (if you have one) |
Postcode
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| 2. Grounds for | |
| opposition to | |
| application | |
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| 3. Names of the parties to the proceeding | |
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| 4. Name of applicant | Mr/Mrs/Ms/Miss/Other Family name (surname) |
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| | Given name(s) |
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| Date of application | |
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| 5. Who made the decision | Department or other body: Address: |
| | Postcode: |
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| Date of decision | |
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| Signature | | Date | | |
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Form 4—Notice or amended notice of application for review of decision
(subregulations 5(5) and (6))
Administrative Appeals Tribunal
Notice or amended notice of application for review of decision
Note Subsection 29(11) of the Act provides that notice of an application for a review of a decision is to be served on the person who made the decision.
File No.
Between:
Applicant
and:
Respondent
To:
The applicant has applied under subsection 29(1) of the Administrative Appeals Tribunal Act 1975 (“the Act”) for a review by the Administrative Appeals Tribunal of your decision referred to in the attached copy of the application.
You are a party to the proceeding before the Tribunal and you will be notified of the date and place of the hearing.
YOU ARE REQUIRED to lodge with the Tribunal 2 copies of:
(a) a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
(b) every other document or part of a document that is in your possession or under your control and is considered by you to be relevant to the review of the decision by the Tribunal.
YOU ARE REQUIRED to lodge the copies with the Tribunal:
* within 28 days after receiving this notice
* within † days after receiving this notice
* within † days after receiving the notice which this notice amends.
YOU ARE REQUIRED to give copies of the statement and documents within that period to each other party to the proceeding.
Registrar/District Registrar/ Deputy Registrar
Date:
* Delete where inapplicable
† Insert the number of days in the period specified in an order made by the Tribunal under subsection 37(1A) of the Act in the proceeding.
Form 5—Application to be made a party to a proceeding
(subregulation 6(1))
Administrative Appeals Tribunal
Application to be made a party to a proceeding
Note Subsection 30(1A) of the Act provides that if an application has been made by a person for review of a decision, any other person whose interests are affected by the decision may apply to be made a party to the proceeding.
I apply to be made a party to the proceeding between the parties described in item 1.
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| 1. Names of the parties to the proceeding | |
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| 2. Tribunal’s file number (if known) | |
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| 3. Name of applicant | Mr/Mrs/Ms/Miss/Other Family name (surname) |
| (full name) | |
| | Given name(s) |
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| Telephone | Business: ( ) Home: ( ) |
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| Your | |
| address | |
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| | Postcode: |
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| The name, address and telephone number of your representative (if you have one) | Postcode |
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| 4. How does the | Outline the reasons why you should be made a party to |
| decision affect | the proceeding |
| your interests | |
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| Signature | | Date | |
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Form 5A—Request for order to shorten time for lodging copies of documents
(regulation 7)
Administrative Appeals Tribunal
Request for order to shorten time for lodging copies of documents
Note Subsection 37(1A) of the Act provides that if a party to a proceeding might suffer hardship, the party may seek an order to shorten the time for lodging copies of documents.
I apply for an order directing that the copies of documents about the decision described in item 2 be lodged by the decision maker within a period of less than 28 days after the decision maker receives or received the application for review of the decision.
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| 1. Applicant | Mr/Mrs/Ms/Miss/Other |
| making the | Family name (surname) |
| request | |
| (full name) | Given name(s) |
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| Telephone | Business: ( ) Home: ( ) |
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| Your | |
| address | |
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| | Postcode |
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| The name, address and telephone number of your representative (if you have one) | Postcode |
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| 2. Decision | Attach a copy, if possible, or describe decision briefly. |
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| Who made the | Department |
| decision, if you | or other body: |
| know (if copy of decision not attached) | Address: Postcode |
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| 3. Reasons for the request | Outline the hardship you would or might suffer if the time to lodge the documents is not shortened. |
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| Signature | | Date | |
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Form 6—Request for order about the operation or implementation of a decision
(regulation 7A)
Administrative Appeals Tribunal
Request for order about the operation or implementation of a decision
Note Subsection 41(2) of the Act provides that the interests of a person who may be affected by a review may seek an order about the operation or implementation of the decision.
I am a party to the proceeding described in item 2 that relates to the decision described in item 3.
I apply for an order about the operation or implementation of that decision.
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| 1. Applicant | Mr/Mrs/Ms/Miss/Other |
| making the | Family name (surname) |
| request | |
| (full name) | Given name(s) |
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| Telephone | Business: ( ) Home: ( ) |
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| Your | |
| address | |
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| | Postcode |
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| The name, address and telephone number of your representative (if you have one) | Postcode |
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| 2. Names of the | |
| parties to the | |
| proceeding | |
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| 3. Decision | Attach a copy, if possible, or describe decision briefly. |
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| Who made the | Department |
| decision, if you | or other body: |
| know (if copy of decision not attached) | Address: |
| | Postcode |
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| 4. Order sought | Describe what order you want to be made. |
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| 5. Grounds for request | |
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| Signature | | Date | |
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Form 6A—Request for order varying or revoking an order about the operation or implementation of a decision
(regulation 7B)
Administrative Appeals Tribunal
Request for order varying or revoking an order about the operation or implementation of a decision
Note Subsection 41(3) of the Act provides that if an order is in force under subsection 41(2) of the Act, a party to a proceeding may request an order varying or revoking the order about the operation or implementation of the decision.
I am a party to the proceeding described in item 2 that relates to the decision described in item 3, which is subject to the order referred to in item 4 (as varied by the order or orders referred to in item 5).
I apply for an order varying or revoking the order referred to in item 4.
| 1. Applicant | Mr/Mrs/Ms/Miss/Other |
| making the request | Family name (surname) |
| (full name) | |
| | Given name(s) |
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| Telephone | Business: ( ) Home: ( ) |
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| Your address | |
| | Postcode |
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| The name, address and telephone number of your representative (if you have one) | Postcode |
| 2. Names of the | |
| parties to the | |
| proceeding | |
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| 3. Decision | Attach a copy, if possible, or describe decision briefly. |
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| Who made the | Department |
| decision | or other body: |
| (if copy of decision not attached) | Address: Postcode |
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| 4. Date of the | |
| order about | |
| the decision | |
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| 5. Date of any | |
| previous order | |
| about the | |
| decision | |
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| 6. Grounds for | |
| request | |
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| Signature | | Date | |
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Form 7—Summons to give evidence
(regulation 15)
Administrative Appeals Tribunal
Summons to give evidence
File No.
Between:
Applicant
and:
Respondent
To:
YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal to give evidence at:
Time: (a.m./p.m.)
Date:
Place:
and on each subsequent day of the hearing of this matter until you are excused or released from further attendance.
Member/Registrar/District Registrar/Deputy Registrar
Date
Note: A person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal. The Tribunal determines the amount of payment according to Schedule 2 of the Regulations (see section 67 of the Act).
This summons has been issued at the request of the applicant/respondent [delete whichever is not applicable].
For further information please contact:
Firm/Agency:
Person dealing:
Telephone:
Form 8—Summons to give evidence and produce documents
(regulation 15)
Administrative Appeals Tribunal
Summons to give evidence and produce documents
File No.
Between:
Applicant
and:
Respondent
To:
Name:
Address
YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal to give evidence at:
Time: (a.m./p.m.)
Date:
Place:
and on each subsequent day of the hearing of this matter until you are excused or released from further attendance to give evidence.
YOU ARE ALSO REQUIRED at that time to produce the following books, documents or things:
Member/Registrar/District Registrar/Deputy Registrar
Date
Note: A person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal. The Tribunal determines the amount of payment according to Schedule 2 of the Regulations (see section 67 of the Act).
This summons has been issued at the request of the applicant/respondent [delete whichever is not applicable].
For further information please contact:
Firm/Agency:
Person Dealing:
Telephone:
Form 9—Summons to produce documents
(regulation 15)
Administrative Appeals Tribunal
Summons to produce documents
File No.
Between:
Applicant
and:
Respondent
To:
Name:
Address:
YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal at:
Time: (a.m./p.m.)
Date:
Place:
AND produce to the Tribunal the following books, documents or things:
Note: Instead of attending at the hearing to produce the books, documents or things, you may produce them to a member of the staff of the Tribunal at the place of the hearing not later than 4.00 pm on the day before the day mentioned above. If it is difficult for you to get to the Tribunal before 4.00 pm on that day, you should contact the registry of the Tribunal to make other delivery arrangements.
Member/Registrar/District Registrar/Deputy Registrar
Date:
This summons has been issued at the request of the applicant/respondent [delete whichever is not applicable].
For further information please contact:
Firm/Agency:
Person dealing:
Telephone:
Schedule 2—Witnesses fees and allowances for expenses
(regulation 16)
1. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Tribunal must be paid:
(a) if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case—an amount of not less than $95, or more than $475, for each day on which he or she so attends.
2. A person summoned to appear as a witness, other than a witness referred to in item 1, before the Tribunal must be paid:
(a) if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case—an amount of not less than $54, or more than $89, for each day on which he or she so attends.
3. A person summoned to appear as a witness before the Tribunal must be paid a reasonable amount for allowances for:
(a) transport between the usual place of residence of the person and the place that he or she attends for that purpose; and
(b) if he or she is required to be absent overnight from his or her usual place of residence—meals and accommodation.
Schedule 3—Prescribed decisions for the purposes of regulation 19
(regulation 19)
| Item No. | Decision |
| 1 | A decision under the First Home Owners Act 1983, the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1976, the Papua New Guinea (Staffing Assistance) Act 1973, the Safety Rehabilitation and Compensation Act 1988, the Seafarers Rehabilitation and Compensation Act 1992, the Veterans’ Entitlements Act 1986 or a decision that is taken, because of section 60 of the Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994, to have been made under the Veterans’ Entitlements Act 1986 |
| 1A | A decision under the family assistance law within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 |
| 2 | A determination under section 58B of the Defence Act 1903 |
| 3 | A decision of the Defence Force Retirement and Death Benefits Authority reviewable under section 99 of the Defence Force Retirement and Death Benefits Act 1973 |
| 3A | A decision under the Defence Service Homes Act 1918 |
| 4 | A decision under Part III of the Disability Services Act 1986 |
| 4A | A decision under the National Disability Insurance Scheme Act 2013 |
| 7 | A decision under subsection 40AA(8), 40AA(10), section 40AB, 40ABA or 40AC of the National Health Act 1953 |
| 8 | A decision under subsection 4(7) of the Nursing Homes Assistance Act 1974 |
| 9 | A decision under the Papua New Guinea Staffing Assistance (Superannuation) Regulations |
| 9A | A decision under the social security law within the meaning of subsection 23(17) of the Social Security Act 1991 |
| 10 | A reviewable decision under section 154 of the Superannuation Act 1976 |
| 11 | A decision under the Student and Youth Assistance Act 1973, other than Division 6 of Part 4A |
| 12 | A decision under the Military Rehabilitation and Compensation Act 2004 (including a decision under the Motor Vehicle Compensation Scheme determined under section 212 of the Act) |
| 13 | A decision under section 33 of the Social Services Act 1980 of Norfolk Island |