News about the AAT November 2020 The Review includes news about the AAT and summaries of a selection of our published decisions. This is our last issue of The Review for 2020. Previous issues are available on our website. Connecting with our stakeholdersThis month we hosted online forums for stakeholders interested in the AAT’s migration and refugee area of practice as well as the National Disability Insurance Scheme (NDIS). Professionals and advocates were invited to join these forums. More than 160 participants came together for the NDIS forum and presenters from the National Disability Insurance Agency, Department of Social Services, Legal Aid and the advocacy agency People with Disability Australia shared their knowledge and experiences. Key areas of discussion included our increased caseload, upcoming changes to the NDIS including Independent Assessments, legal representation, and overcoming accessibility challenges. The migration and refugee forums were held over two sessions with over a hundred participants. AAT senior representatives, including Deputy President Jan Redfern, provided updates on our caseloads before opening up to the participants for Q&A on operational practices and lodgements and finalisations. End of year arrangements The AAT wishes you a happy festive season! Please see our website for our end of year arrangements. Child Support—departing from the formulaThe amount of child support parents pay is calculated using an administrative formula based on variables such as income, the age of each child and time spent caring for each child. However, child support law allows a decision-maker to depart from the formula in special circumstances, which can include when the true financial resources of a parent are not captured by the administrative assessment. Here we look at what it takes for the AAT to depart from the formula and what new and supplementary financial information we have the power to examine when we do so. Stiglec and Stiglec (Child support) [2020] AATA 4287 The AAT had to decide what to do when a father’s taxable income does not properly reflect his capacity to financially support his children. Marchand and Christian (Child support) [2020] AATA 4403 The AAT had to decide whether a father’s taxable income truly reflected his financial resources. Our staff produce decision summaries for a selection of AAT decisions that have been published in full on the AustLII website. We use these summaries to offer an insight into our decision-making processes and to demonstrate the diversity of our work. For the complete facts and reasons, please view the full written decisions on AustLII. View our recent decision summaries below. MigrationHuynh (Migration) [2020] AATA 4332 The AAT had to decide whether an applicant seeking a tourist visa had unfinished business here and intended to remain indefinitely. Chowdhury (Migration) [2020] AATA 3811 The AAT had to decide whether it was reasonable for the elderly husband of an applicant to refuse to have tests assessing his health. 1836727 (Migration) [2020] AATA 4349 The AAT had to decide whether the case of an applicant, who failed to meet the primary criteria for a visa, should be referred to the Minister. Small Business TaxationCox and Commissioner of Taxation (Taxation) [2020] AATA 3857 The AAT had to decide whether to release a taxpayer from his debt. The AAT Bulletin is a weekly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Taxation & Commercial and Veterans’ Appeals Divisions. The Bulletin also regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division. What do you think? Write to us at communications@aat.gov.au to provide editorial suggestions and feedback. |