Administrative Appeals Tribunal Amendment Act 2005
No. 38, 2005
An Act to amend the Administrative Appeals Tribunal Act 1975, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Administrative Appeals Tribunal Act 1975
Archives Act 1983
Commonwealth Electoral Act 1918
Environment Protection and Biodiversity Conservation Act 1999
Federal Proceedings (Costs) Act 1981
Freedom of Information Act 1982
Insurance Acquisitions and Takeovers Act 1991
Insurance Act 1973
Judges’ Pensions Act 1968
Lands Acquisition Act 1989
Life Insurance Act 1995
Migration Act 1958
Military Rehabilitation and Compensation Act 2004
Narcotic Drugs Act 1967
Privacy Act 1988
Safety, Rehabilitation and Compensation Act 1988
Seafarers Rehabilitation and Compensation Act 1992
Superannuation Act 1976
Trans‑Tasman Mutual Recognition Act 1997
Administrative Appeals Tribunal Amendment Act 2005
No. 38, 2005
An Act to amend the Administrative Appeals Tribunal Act 1975, and for other purposes
[Assented to 1 April 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Administrative Appeals Tribunal Amendment Act 2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 1 April 2005 |
2. Schedule 1, items 1 to 110 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 16 May 2005 (see F2005L01029) |
3. Schedule 1, item 111 | The day on which this Act receives the Royal Assent. | 1 April 2005 |
4. Schedule 1, items 112 to 180 | At the same time as the provision(s) covered by table item 2. | 16 May 2005 |
5. Schedule 1, item 181 | The day on which this Act receives the Royal Assent. | 1 April 2005 |
6. Schedule 1, items 182 to 236 | At the same time as the provision(s) covered by table item 2. | 16 May 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to…
Overview
The Administrative Appeals Tribunal Amendment Act 2005 was enacted by the Parliament of Australia to amend the Administrative Appeals Tribunal Act 1975 and other related Acts. This legislation addresses the need to update and refine the functions, structure, and procedures of the Administrative Appeals Tribunal (AAT). It seeks to improve the efficiency, fairness, and accessibility of the review process provided by the AAT, ensuring that it remains effective in addressing the evolving needs of administrative law in Australia. The Act introduces amendments to various aspects of the AAT's operations, including the appointment and roles of its members, the procedures for conducting reviews and hearings, and the mechanisms for resolving disputes through alternative dispute resolution processes.
Scope and Application
The Administrative Appeals Tribunal Amendment Act 2005 amends the Administrative Appeals Tribunal Act 1975, expanding the scope and operational procedures of the Administrative Appeals Tribunal (the Tribunal) across various domains. The Act applies to the Tribunal and its members, as well as to any entities or individuals who are subject to review by the Tribunal, thereby influencing a broad range of administrative and governmental decisions. The amendments impact several aspects of the Tribunal’s operations, including the definition of terms, the constitution of the Tribunal for various proceedings, the powers of the President, and the procedures for reviews, appeals, and hearings. Notably, the Act also extends its reach to encompass alternative dispute resolution processes, allowing for a more flexible and expeditious resolution of disputes. Furthermore, it introduces provisions regarding the engagement of persons to conduct alternative dispute resolution processes, ensuring that these processes are conducted by suitably qualified individuals. The Act applies nationally, affecting the Tribunal’s operations across all states and territories of Australia. Specific exclusions and thresholds are outlined in the Act, particularly concerning the constitution of the Tribunal for different types of proceedings and the criteria for appointing members. Subordinate instruments may further extend or restrict the application of the Act, providing flexibility in its implementation.
Key Provisions
- The Administrative Appeals Tribunal Amendment Act 2005 amends the Administrative Appeals Tribunal Act 1975 and several other Acts. The primary changes include modifications to the establishment and composition of the Administrative Appeals Tribunal, the process for reviewing decisions, and the conduct of alternative dispute resolution processes. The Act also introduces changes to the obligations, procedures, and penalties associated with the Tribunal's operations.
- The Act sets out specific requirements for the appointment and qualifications of the President and Deputy President of the Tribunal. It mandates that the President must be a Judge of the Federal Court of Australia, while the Deputy President must be enrolled as a legal practitioner in the High Court or a Supreme Court of a state or territory and must have been enrolled for at least five years. The Act also provides for the appointment of acting members in the absence or unavailability of the President or Deputy President, and outlines the procedures for resignation and removal of members.
- The Act grants the Tribunal the authority to review decisions, determine the scope of reviews, and limit questions of fact, evidence, and issues considered. It also allows for the referral of proceedings to alternative dispute resolution processes such as conferencing, mediation, and conciliation. The Act specifies that evidence from these processes is generally inadmissible in court unless the parties agree otherwise.
- In terms of obligations, the Act requires the Tribunal to pursue a review process that is fair, just, economical, informal, and quick. It mandates that the decision-maker in a review proceeding must use their best endeavours to assist the Tribunal. The Act also imposes specific duties on the Registrar and Conference Registrars, including the ability to request amendments to statements of reasons and the power to issue directions.
- The Act outlines penalties for various offences related to the Tribunal's proceedings, including failure to comply with a summons, refusal to be sworn or answer questions, giving false or misleading evidence, and contempt of the Tribunal. Each of these offences carries a penalty of up to 30 penalty units or imprisonment for six months, or both, unless a reasonable excuse is provided.
- Additionally, the Act introduces transitional provisions to ensure continuity in the operation of the Tribunal during the period of amendment. It also includes provisions for the making of regulations to address transitional matters arising from the amendments.
- Area of Law
- Administrative Law
- Alternative Dispute Resolution
- Civil Litigation & Procedure
- Instrument
- Act
- Concepts
- Commencement Provisions
- Delegation & Subordinate Legislation
- Definitions & Interpretation
- Enforcement Powers
- Regulatory Standards
- Reporting & Disclosure Obligations
- Rights & Protections
- Transitional Provisions