LLAW 2223 ADMIN MERITS REVIEW EXAM Administrative Appeals ...
LLAW 2223 ADMIN MERITS REVIEW EXAM Administrative Appeals Tribunal Eight Divisions of AAT
Migration and Refugee Division
Social Services and Child Support Division
General Division
Freedom of Information Division
National Disability and Insurance Scheme Division
Security Division
Taxation and Commercial Division
Veterans’ Appeals Division
Decisions of the AAT Applicable to all decisions. Range of reviewable decisions unlimited. Does need to be a final an operative decision, and must have standing Riordan v Parole Board of the ACT (1981) 3 ALD 144, 148:
decision has been judicially defined to be interpreted very broadly. Covers operative or final decisions
Definition of “decision” subject to review: s 3(3)
The legislation which identifies the decisions which are reviewable by the AAT specifies the particular decisions which may be reviewed. The Tribunal has interpreted these provisions carefully to avoid any claim that it is exceeding its jurisdiction in undertaking a review. However, s 3(3) expands upon this identification process by
defining what is meant by the expression “decision”. It is defined as including a reference to: (a) making, suspending, revoking or refusing to make an order or determination; (b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; (c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; (d) imposing a condition or restriction; (e) making a declaration, demand or requirement; (f) retaining, or refusing to deliver up, an article; or (g) doing or refusing to do any other act or thing. This definition is applicable to all decisions that are reviewable by the Tribunal even though limitations may be imposed on the way in which an identified decision may be reviewed. So, for example, while ss 338 and 411 of the Migration Act define with great particularity the decisions that may be reviewed in the Migration and Refugee Division of the Tribunal and condition the nature of that review, the definition set out above describes the range of activities relating to the identified decisions for which review may be sought. Similarities and differences to ADJR
The AAT Act definition is similar to the definition of “decision” in s 3(2) of the AD(JR) Act. The AD(JR) Act definition adds a reference to an “award” in the equivalent provision to para (a) above. Little seems to turn on this as far as the AAT is concerned as it has only invested jurisdiction. If it were to be given power to review a decision in the form of an award, this would clearly appear from the Act conferring the jurisdiction.
Migration and Refugee Division
Social Services and Child Support Division
General Division
Freedom of Information Division
National Disability and Insurance Scheme Division
Security Division
Taxation and Commercial Division
Veterans’ Appeals Division
Decisions of the AAT Applicable to all decisions. Range of reviewable decisions unlimited. Does need to be a final an operative decision, and must have standing Riordan v Parole Board of the ACT (1981) 3 ALD 144, 148:
decision has been judicially defined to be interpreted very broadly. Covers operative or final decisions
Definition of “decision” subject to review: s 3(3)
The legislation which identifies the decisions which are reviewable by the AAT specifies the particular decisions which may be reviewed. The Tribunal has interpreted these provisions carefully to avoid any claim that it is exceeding its jurisdiction in undertaking a review. However, s 3(3) expands upon this identification process by
defining what is meant by the expression “decision”. It is defined as including a reference to: (a) making, suspending, revoking or refusing to make an order or determination; (b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; (c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; (d) imposing a condition or restriction; (e) making a declaration, demand or requirement; (f) retaining, or refusing to deliver up, an article; or (g) doing or refusing to do any other act or thing. This definition is applicable to all decisions that are reviewable by the Tribunal even though limitations may be imposed on the way in which an identified decision may be reviewed. So, for example, while ss 338 and 411 of the Migration Act define with great particularity the decisions that may be reviewed in the Migration and Refugee Division of the Tribunal and condition the nature of that review, the definition set out above describes the range of activities relating to the identified decisions for which review may be sought. Similarities and differences to ADJR
The AAT Act definition is similar to the definition of “decision” in s 3(2) of the AD(JR) Act. The AD(JR) Act definition adds a reference to an “award” in the equivalent provision to para (a) above. Little seems to turn on this as far as the AAT is concerned as it has only invested jurisdiction. If it were to be given power to review a decision in the form of an award, this would clearly appear from the Act conferring the jurisdiction.
