July 2019 The Review includes news about the AAT and summaries of a selection of our published decisions. Previous issues of The Review are available on our website. What types of decisions can the AAT review?The AAT independently reviews a wide range of decisions made by Australian Government ministers and departments. We can also review some decisions made under Norfolk Island laws, and some decisions made by state government and non-government bodies. We can review a decision if an Act, regulation or other legislative instrument states we can. There are more than 400 laws that allow the AAT to undertake merits review. The most common types of decisions the AAT reviews relate to visa matters, social security, child support, the NDIS scheme and taxation. You can review the full list of reviewable decisions on our website, including a short description of the types of decisions that are reviewable. In some cases, you may need to seek a review by the department that made the original decision before you can ask us to review a decision. For example, if you disagree with a decision made by Centrelink, you can ask for that decision to be reviewed by a Centrelink Authorised Review Officer. If you are dissatisfied with the Centrelink review, you can then apply to the AAT to review the decision. For decisions made by the Department of Veterans’ Affairs, a first review may need to be undertaken by the Veterans’ Review Board. The process will vary depending on the type of decision you are seeking to have reviewed. An ideal starting point for checking if the AAT can review a decision that affects you is the decision letter you received from the department that made the original decision. This letter will explain what you should do if you do not agree with the decision made by the department. You may also find it helpful to check the relevant departmental website. Statutory review report tabled in ParliamentThe Hon Christian Porter MP, Attorney-General, recently tabled a report of a scheduled review of the Administrative Appeals Tribunal (AAT) undertaken by the Hon Ian Callinan AC, former Justice of the High Court of Australia. The review was required under the Tribunals Amalgamation Act 2015. Find out more on our website including how to access the report in full. Social Services and Child Support DivisionIn this edition, we focus on the Social Services and Child Support Division (SSCSD) of the AAT. The SSCSD is one of nine divisions within the AAT and is responsible for reviewing a wide range of decisions made by the Department of Human Services. The most common decisions relate to:
Between 1 July 2018 and 31 May 2019, we received more than 15,000 applications for review of social security and child support decisions. These accounted for about 28 per cent of all applications received by the AAT in the same period. About 85 per cent of applications received by the SSCSD concerned Centrelink decisions and around 15 per cent concerned child support decisions. Due to privacy obligations, set out in our Publication of decisions policy, we are unable to publish information about most of the decisions made in the SSCSD. We do however publish information about some child support decisions. See below for a summary of one of these decisions. Those who are not satisfied with the first review decision made within the SSCSD of the AAT, may be able to ask for a second review. The letter setting out the SSCSD’s decision explains whether a second review is available at the AAT and how to apply. Second reviews are managed by the General Division of the AAT. See below for a decision summary from a social services second review conducted by the General Division. Follow the links to “Apply for a review” and “Steps in a review” on our website for more information about how we manage social security and child support reviews. Tatnell and Tatnell (Child support) [2019] AATA 1216 In this case, a parent who was liable to pay child support had elected to estimate their annual income for the purposes of the child support assessment. The AAT was asked to review the Child Support Agency’s decision to refuse to accept the estimate. Hillan and Secretary, Department of Social Services (Social services second review) [2019] AATA 1589 The applicant in this case was seeking the Disability Support Pension. The AAT had to establish whether the applicant’s impairments were diagnosed, treated and/or stabilised, and determine whether they were permanent. 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. CompensationWalton and Australian Postal Corporation (Compensation) [2018] AATA 4585 The main issue for the AAT in this case was to decide whether the applicant, a postman, had developed physical and psychological injuries during the course of his employment. Considering medical evidence, the AAT found that Australia Post were liable to pay compensation for the injuries and remitted the matter back to Australia Post for reconsideration. Migration and RefugeeLu (Migration) [2019] AATA 374 The AAT was asked to review a decision by the Department of Home Affairs to refuse to grant a Partner visa to the applicant. The AAT was satisfied that the applicant and sponsor have a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship is genuine and continuing and that they live together. Yassa (Migration) [2019] AATA 1078 The applicant applied to the Department of Home Affairs for a visa extension. However, the applicant needed to establish exceptional circumstances. The Department refused to grant the visa. The AAT also found the applicant’s reasons did not form ‘an exception’ and affirmed the Department's decision. 1905923 (Refugee) [2019] AATA 1126 The applicant applied for a Protection visa because he feared physical harm from a well-connected politician in his home country of Thailand. The applicant asked the AAT to review the Department of Home Affairs’ decision not to grant him a Protection visa. Taxation and CommercialAlstom Transport Australia Pty Ltd and Comptroller-General of Customs [2019] AATA 1308 The applicant had provided the NSW government with driverless trains that now run on the Sydney metro system. Seeking a Tariff Concession Order (TCO) to import driverless trains free of duty, the applicant asked the AAT to review the Comptroller-General of Custom’s decision not to issue the TCO. Veterans' entitlementsPaxton and Repatriation Commission (Veterans’ Entitlements) [2019] AATA 1305 Veterans are entitled to a disability pension when they are incapable of undertaking remunerative work due to the impact of war-caused injuries. The issue in this case was whether the applicant was entitled to the disability pension at the special, intermediate or general rate. 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. |