August 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.
Team wins alternative dispute resolution award
The AAT uses alternative dispute resolution (ADR) processes in some divisions to help parties to a review reach an agreement on how a case should be resolved. ADR helps an applicant talk with the AAT and the department or organisation that made the original decision to discuss options to resolve the matter.
In recognition of our progressive work in ADR, the AAT was awarded the Courts and Tribunals ADR Group of the Year by the Australian Disputes Centre on 12 August 2019.
The AAT received the award for outstanding and expert work that benefits parties, demonstrates excellence, and advances the work of the AAT.
References provided by independent third party referees in support of the award said the following about the AAT’s contribution to the field of ADR over the last 12 months:
- ‘The commitment of Tribunal staff at all levels – from the front counter staff to conference registrars to senior members – is crucial to the success of the collaborative arrangement…’
- ‘[The AAT’s use of ADR enables] the early identification of issues in dispute by parties, narrowing of issues where possible, and ultimately the expeditious resolution of proceedings.’
- ‘the Tribunal has demonstrated flexibility by adapting their case management processes…’
- ‘[There is] a commitment on the part of the AAT to do what is within their power to support access to justice…’
Thank you to the Australian Dispute Centre for hosting the awards and congratulations to our ADR team on this achievement! You can find out more about ADR by visiting aat.gov.au.
Expressions of interest for appointment to the AAT
The Attorney-General and President of the AAT have agreed on a revised protocol for the appointment of members to the AAT. As part of that protocol, the Attorney-General’s Department is currently seeking expressions of interest from people who are interested in appointment as a member.
Information on how to apply is available on the Attorney-General's Department website.
Expressions of interest must be submitted by 8 September 2019.
At the AAT, we aim to help parties participate in the review process. A range of information products are available at www.aat.gov.au including information videos, fact sheets, practice directions, guides and guidelines, and online tools.
The DSP interview tool for community workers (the tool) is an interactive online tool that can assist community workers who help applicants in Disability Support Pension (DSP) cases. By asking a series of questions, the tool identifies relevant information an applicant may need to give us in support of their claims for DPS. The tool provides general information, not legal advice, so if you or the person you are assisting has a legal question, you may seek independent legal advice.
How does it work?
The tool asks a series of questions based on social security law, including questions about the applicant’s medical condition(s) and impairment(s) as at the date the application for DSP was made to Centrelink.
You can pause during the process and get a ‘Come back later code’ that lets you continue at a later time. For blind or visually impaired persons, the tool can be used with a screen reader.
Once all questions are answered, the tool creates a summary page listing information you may want to provide when you submit an application for review of a DPS decision with the AAT.
Additional support
The DSP tool also has useful links to resources such as the impairment tables, the Department of Human Services: Medical Evidence Checklist and National Social Security Rights Network fact sheets.
Protecting parties’ privacy when publishing decisions
The AAT is committed to publishing a significant number of decisions each year to enhance transparency and build public trust in our decisions. In 2018–19, we published 5,905 decisions, more than in any other year. Our decisions are published on AustLII and we highlight decisions of interest in this publication and in The Bulletin.
We are mindful of privacy considerations when publishing decisions. AAT members are able to issue publications directions or confidentiality orders, citing public interest reasons for why the publication of information is prohibited. Usually this is done to protect the identity and privacy of persons mentioned in decisions.
We can protect the privacy of people mentioned in decisions by replacing identifiers with a generic term in square brackets. For example bricklayer may be replaced with [labourer], a postal addresses may be replaced with [postal address], a person’s name may be replaced with [Ms A] or another pseudonym. We redact information in a way that you can still understand the reasons for the decision.
In our In Focus decision summary, 1604609 (Refugee) [2019] AATA 1472 , we have replaced personal information that could identify the applicant with terms such as [Country 1], [occupation] and [age].
Find out more
The confidentiality requirements that apply to AAT decisions are outlined on our website. For more information on the AAT’s policy for the publication of our written decisions, see our Publication of Decisions Policy.
1604609 (Refugee) [2019] AATA 1472
In her protection visa application, the applicant said that she left India to further her studies and to be relieved from the social and cultural pressure to marry. She said that arranged marriages were common in India and she feared that her family would force her to marry if she returned. The AAT considered whether the applicant would face a real risk of significant harm on her return to India.
Child Support
Cowie and Brelsford (Child support) [2019] AATA 258 (11 January 2019)
This review considered the amount of child support paid based by parents in relation to the children’s education. The AAT found that the children were being educated privately in the manner expected by the parents and that this was a special circumstance that constituted a ground to depart from the assessment.
General
Morrow and Registrar of Marriage Celebrants [2019] AATA 1253
Marriage celebrants are required to pay an annual registration fee. The applicant is a marriage celebrant and his registration was cancelled by the Registrar after a failure to pay the fee. This decision looks at the scope of discretion to give notice of deregistration on non-payment of the fee.
Migration and Refugee
1800306 (Refugee) [2019] AATA 852
The Department requires non-citizens to provide correct information in their visa applications and passenger cards. The provision of incorrect information or bogus documents may lead to visa cancellation. The issue before the AAT in this case is whether the applicant had provided incorrect information in his Protection visa application.
Gecaite (Migration) [2019] AATA 940
The AAT was asked to review the Department’s decision to refuse the applicant a visa for her achievement and contributions to the arts. The Distinguished Talent (Residence) visa requires the applicant to have an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts or academia.
National Disability Insurance Scheme
PPFQ and National Disability Insurance Agency [2019] AATA 1092
The applicant suffers from hearing loss and made a request to the National Disability Insurance Agency (NDIA) for funding for high level technology hearing aids. The AAT was asked to review the NDIA’s decision to refuse the application. The AAT was satisfied that the hearing aids were the minimum necessary support required for the applicant. The AAT substituted the decision and directed the NDIA to include a pair of the requested hearing aids as reasonable and necessary support. The hearing aids were ordered to be funded under NDIS.
Taxation and Commercial
Ultimate Vision Inventions Pty Ltd and Innovation and Science Australia [2019] AATA 1633
The research and development (R&D) tax incentive is a program that allows businesses to access tax offsets for the money they spend on R&D activities. These R&D activities must be registered with Innovation and Science Australia (the respondent). The AAT agreed with the respondent and was not satisfied that any of the registered activities identified in the Industry and Research Development Act 1986 (Cth) were conducted by or on behalf of the applicant.
Veterans' Entitlements
Topic and Military Rehabilitation and Compensation Commission (Veterans' entitlements) [2019] AATA 1569
The applicant lodged a claim with the Department of Veterans’ Affairs (DVA) seeking compensation for right knee osteoarthritis arising from her service. The AAT was not satisfied, on the balance of probabilities, that the applicant’s condition of right knee osteoarthritis was connected with her defence service.
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.