Administrative Appeals Tribunal Act 1975

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Code of Practice for Notification of Reviewable Decisions and Rights of Review

I, Michael Hugh Lavarch, Attorney-General, acting under subsection 27B (1) of the Administrative Appeals Tribunal Act 1975, determine this Code of Practice to facilitate the operation of sub-section 27A (1) of that Act.

Explanatory Note:

(not part of the Code)

A. When This Code Applies:

You must have regard to this Code if you make a "reviewable decision". Under subsection 27A (4) of the Administrative Appeals Tribunal Act 1975 (“the Act”), a “reviewable decision” is defined as:

(a) a decision that is reviewable by the Administrative Appeals Tribunal; or

(b) a decision that is reviewable by:

(i) a person whose decision is reviewable by that Tribunal; or

(ii) a person whose decision on review, because of subparagraph (i), is a reviewable decision.

When you make a reviewable decision you must take reasonable steps to give notice to persons affected by the decision of the making of the decision and the right of the person to have the decision reviewed. In doing so, you must have regard to this Code: see subsections 27A (I) and 27B (2) of the Act.

N.B.: There are detailed exceptions, set out in subsection 27A (2) of the Act. The main ones, in summary, are as follows:

(a) where the decision is deemed to have been made because of the operation of sub-section 25 (5) of the Administrative Appeals Tribunal Act 1975; or

(b) where another enactment makes provision for giving notice of a right of review of the decision; or

(i) a decision not to impose a liability or a penalty on a person; or

(ii) a decision adjusting the level of periodic payments to be paid to a person as a member of a class of persons, eg an increase or reduction in a benefit which is paid to all people entitled to the benefit; or

(iii) if an enactment establishes several categories of entitlement to monetary benefits, a decision that determines a person to be in the most favourable of those categories.

B. Scope:

This Code covers decisions made under Commonwealth laws that are subject to review by the Administrative Appeals Tribunal (AAT), either immediately or after the completion of prior review procedures (i.e. internal review by a person or body within the decision making agency and/or external review by a body other than the AAT which is separate from the agency).

C. Purpose of This Code:

The Code is designed to ensure that affected persons are advised of reviewable decisions and are aware of their rights to seek review of those decisions on the merits. You should be aware of the contents of this Code and have regard to its requirements. As the Code establishes minimum standards of practice, you are encouraged to supplement the Code within your own area of operation.

Note though that any supplementation must not conflict with the provisions of the Act. Those provisions are legally binding, and they must therefore be followed. Nor should any supplementation conflict with this Code.

Citation

1. This Code of Practice may be cited as the Code of Practice for Notification of Reviewable Decisions and Rights of Review.

Interpretation

2. (1) In this Code of Practice:

“affected person” means any person or corporation whose interests are affected by a reviewable decision;

“reviewable decision” has the same meaning as in subsection 27A of the Act;

“the Act” means the Administrative Appeals Tribunal Act 1975.

(2) A person to whom, because of subsection 27B (2) of the Act, this Code of Practice applies is referred to in this Code as “you”.

Who Should be Notified of Decisions and Rights of Review?

3. (1) You should notify a person of a reviewable decision that:

(a) is made on an application by the person; or

(b) grants or refuses the person a right, entitlement or benefit;or

(d) imposes an obligation, requirement or disability on the person; or

(e) makes a valuation or declaration which relates to the person.

(2) Subclause (1) does not, by implication, limit the range of persons who, as persons whose interests are affected by a reviewable decision, are to be notified.

(3) When you make a reviewable decision in circumstances where:

(a) some or all of the affected persons are not readily identifiable; or

(b) the number of affected persons is large; or

you should give public notice of the decision and of the rights of review in respect of the decision.

(4) This procedure does not preclude individual notice being given in particular instances.

Contents of Notices

4. (1) Every notice of rights of review should, in simple and brief terms, inform the person to whom it is given of the following information:

(a) any statutory right of the person to ask for reasons for the decision (if a form of reasons has not already been given); and

(b) the name, location, postal and document exchange addresses and the telephone and facsimile numbers of the review authority; and

(c) whether the review authority is independent of the agency which made the decision and whether the authority has the power to overturn the decision; and

(d) how applications for review are to be made and any time limits applying to applications; and

(e) whether or not fees are payable for applications for review and, if so, the amount of the fees and when they are payable;

(f) whether a waiver of fee payment may be applied for and, if so, the basis of the application; and

(g) any time limits within which the review authority must review the decision; and

(h) any right that the person has to obtain access to documents about the decision under the Freedom of Information Act 1982 or any other Act or administrative arrangement, and the basic procedures for exercising that right.

(2) Subclause (1) does not, by implication, limit the information that may be given, and officers should consider for inclusion, where appropriate, information concerning:

(a) the availability of legal, financial and other forms of advice and assistance; and

(b) whether or not there are provisions permitting costs to be awarded against parties to the proceedings; and

(c) procedures of the review authority about which the persons to whom notices are directed should particularly be aware, such as whether attendance is required at hearings and the availability of interpreter services.

Staging of notifications

5. In jurisdictions where prior review is a prerequisite to a review by the Administrative Appeals Tribunal:

(a) notices of rights of review should normally be provided according to the stages of the review process through which the person has progressed; and

(b) notification of the immediate level of review should be given and brief notification of the subsequent level or levels of review should also be given; and

Plain English

6. When you are preparing a notice of decision and of rights of review, it should be given in plain English. Everyday language should be used, wherever possible, for ease of understanding. The notice must be clear, and expressed as simply as the subject matter permits.

Translations

7. (1) Where a standard form of notice about rights of review is given, it should include a brief notice in multi-language form stating how non-English-speaking persons may have the notice interpreted in their first language.

(2) Where a notice is given to a person who is known to have difficulty in reading English, you should also include, wherever practicable, advice in an appropriate language stating how that person may have the notice interpreted in his or her first language.

Contact officers

8. Where there is a contact officer, the notice should give the name and telephone number of that officer as a person who is available to discuss the decision.

Dated 30 November 1994

M Lavarch

Attorney-General