Issue No.9/October 2018 The Review contains news about the AAT and summaries of decisions of interest. All issues of The Review are available on our website. Our latest annual report is now availableThe AAT’s 2017-18 annual report was tabled in Parliament recently and is now available to download in full from our website. The report sets out a range of information about our operations and performance during the last financial year. We finalised more than 40,000 applications and achieved our targets in relation to timeliness, judicial review outcomes and the publication of decisions. Of particular note, in 2017–18 we published almost 5,000 decisions. This makes us one of the highest volume publishers of decisions amongst courts and tribunals in Australia and shows our strong commitment to transparency. Our 2017–18 annual report also outlines the challenge we are facing as a result of the large increase in applications being lodged to the AAT, particularly in the Migration and Refugee Division. The number of lodgements in this division has more than doubled over the past three years and the number of members available to review decisions has not kept pace with this demand. As a result, we have more cases on hand than ever before so will continue to work with the Government to address our resourcing needs, including the appointment of additional members. As well as the full report, we have produced a summary called ‘2017-18 At a glance’ to share key statistics and commentary about the reporting period.
Grand final victory for students from WAA contingent of students from the University of Notre Dame’s WA campus have taken out the top prize in our annual national mooting competition. Health and wellbeing in the legal professionThe AAT welcomes the Victorian Bar Association’s new report into health and wellbeing. We have approached the Association to discuss the recommendations, including how the AAT can support their implementation. AAT appearance at senate estimatesThe AAT recently appeared before the Senate Legal and Constitutional Affairs Legislation Committee as part of the supplementary budget estimates process. These summaries are prepared by AAT staff to provide insight into the types of decisions we make and why the decisions are made. For the complete facts and reasons, please view the full written decisions on AustLII. Decision summaries are routinely uploaded to the AAT website. Below are the summaries uploaded over the last month. Social ServicesLibrizzi and Secretary, Department of Health (Social services) [2018] AATA 2278 The applicant sought an extension of financial hardship assistance, to support her residential aged care, with the Department of Health. The Department determined that the applicant didn't qualify for further assistance, as the applicant had a property that could be used to contribute towards her aged care. The AAT affirmed the decision on review. TaxationMitchell and Commissioner of Taxation (Taxation) [2018] AATA 2507 The applicant claimed $8,130 in tax deductions related to overtime meal allowances, the Commissioner of Taxation disallowed the claim as the meals didn't meet the necessary requirements. The AAT affirmed the decision. Alzheimer's Association of Queensland Inc and Australian Securities and Investments Commission [2018] AATA 2403 The applicant objected to the validity of the transfer of a registered business name, within the context of the national business name registration scheme. The AAT affirmed that the Australian Securities and Investments Commission had no discretion in the matter and registration was required. CompensationGraham and Comcare (Compensation) [2018] AATA 3013 The applicant made a claim to Comcare for compensation based on anxiety as a result of the actions of his employer. Comcare argued that the instigating event was outside of the scope of his 'employment by the Commonwealth' and as such the applicant's employer wasn't liable. The AAT set aside Comcare's decision and substituted a decision that the applicant was entitled to compensation. Migration & RefugeeLabra Rodillo (Migration) [2018] AATA 2603 The Department of Immigration and Border Protection refused to grant the applicant a Regional Employer Nomination visa. The applicant claimed that he had the relevant qualifications and relevant work experience required for the visa. The AAT affirmed the decision under review. 1600816 (Refugee) [2018] AATA 2526 The Department of Immigration and Border Protection refused to grant the applicant’s Protection visa. The applicant claimed to fear for his safety as a former Internal Security Forces officer in Lebanon. The AAT affirmed the decision. Yigzaw (Migration) [2018] AATA 3006 The Department of Immigration and Border Protection refused to grant Child visas to two nationals of Ethiopia. The applicants claimed, among other things, that they were under the age limit. The AAT affirmed the decision. Child supportMirvac and Caster (Child support) [2018] AATA 3067 The Department of Human Services determined that neither parent was providing eligible care for their child and subsequently that Mr Carter was not required to pay child support. Mrs Mirvac claimed that she was still providing substantial care for the child without living with him. The AAT affirmed the decision. 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. |