Administrative Appeals Tribunal Regulations (Amendment) (Cth)

Statutory Rules

1977 No. 146

REGULATIONS UNDER THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Administrative Appeals Tribunal Act 1975.

Dated this sixth day of September, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

PETER DURACK

Minister of State for Veterans’ Affairs acting for and on behalf of the Attorney-General

AMENDMENTS OF THE ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS 

Seal of the Tribunal

1. Regulation 4 of the Administrative Appeals Tribunal Regulations is amended by omitting from paragraph (a) of sub-regulation (1) the word “ that ” (last occurring).

Application for review

2. Regulation 5 of the Administrative Appeals Tribunal Regulations is repealed and the following regulation substituted:—

“ 5. (1) For the purposes of paragraph 29 (1) (b) of the Act, the prescribed form is Form 1.

“ (2) An application under sub-section 29 (7) of the Act may be made in accordance with Form 2.

“ (3) For the purposes of sub-section 29 (10) of the Act, the prescribed time is 14 days.

“ (4) Notice shall be given to the Tribunal under sub-section 29 (10) of the Act by lodging with the Registrar a notice in writing in accordance with Form 3.

“ (5) For the purposes of sub-section 29 (11) of the Act, the prescribed form is Form 4.”.

Application to be made a party

3. Regulation 6 of the Administrative Appeals Tribunal Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ in accordance with Form 3 ” and substituting the words “ in writing and may be in accordance with Form 5 ”; and

(b) by omitting from sub-regulation (2) the words “ under sub-regulation (1) ” and substituting the words “ referred to in sub-regulation (1) ”.

 

* Notified in the Commonwealth of Australia Gazette on 8 September 1977.

  Statutory Rules 1976, No. 141.

 

Request for stay of decision or of action to implement decision

4. Regulation 7 of the Administrative Appeals Tribunal Regulations is amended by omitting the words “ in accordance with Form 4 ” and substituting the words “ in accordance with Form 6 ”.

Lodging or filing or documents with the Registrar

5. Regulation 9 of the Administrative Appeals Tribunal Regulations is amended by omitting from sub-regulation (2) the words “ sub-section 29 (1) or paragraph 30 (1) (c) of the Act ” and substituting the words “ sub-section 28 (1b), 29 (1) or 29 (7) of the Act, of an application referred to in sub-regulation 6 (1),”.

6. Regulations 10, 11, 12, 13 and 14 of the Administrative Appeals Tribunal Regulations are repealed and the following regulations substituted:—

Notice under sub-section 21 (2) of the Act regarding composition of Tribunal

“ 10. (1) Subject to sub-regulation (2), a notice under sub-section 21 (2) of the Act shall be lodged with the Tribunal by delivering the notice to the Registrar not less than 7 days before the day on which the hearing to which the notice relates is to commence.

“ (2) A presidential member may. at any time before the hearing of a proceeding before the Tribunal, approve the giving of a notice under sub-section 21 (2) of the Act on, or on a day within 7 days before, the day on which the hearing is to commence, and, where he gives such an approval, the notice shall be lodged with the Tribunal by delivering the notice to the Registrar on or before the day specified by the presidential member in his approval and before the hearing of the proceeding commences.

Prescribed time for lodging of material documents with the Tribunal

“ 11. (1) For the purposes of sub-section 37 (1) of the Act, the prescribed time is 14 days.

“ (2) For the purposes of sub-section 37(1) of the Act, the prescribed number of copies is—

(a) in the case of a statement, document or part of a document that contains information in respect of which, or in respect of the contents of which, a certificate has been given under sub-section 36 (1) of the Act—1; and

(b) in the case of any other statement, document or part of a document—6.”.

Summons

7. Regulation 15 of the Administrative Appeals Tribunal Regulations is amended—

(a) by omitting the words “ under paragraph 40 (2) (a) ” and substituting the words “ under sub-section 40 (1a) ”; and

(b) by omitting from paragraph (a) the words “ in accordance with Form 5 ” and substituting the words “ in accordance with Form 7 ”.

Hours of Registrar’s office

8. Regulation 17 of the Administrative Appeals Tribunal Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ The office of ” and substituting the words “ Subject to sub-regulation (2), the office of ”;

(b) by omitting from sub-regulation (1) the words “ Public Service Act 1922-1975 ” and substituting the words “ Public Service Act 1922 ”;

(c) by omitting from sub-regulation (1) the words “ 9.30 o’clock in the morning until 4.30 o’clock ” and substituting the words “ 9.30 o’clock in the morning until 1.00 o’clock in the afternoon and from 2.00 o’clock in the afternoon until 4.00 o’clock ”; and

(d) by omitting sub-regulation (2) and substituting the following sub-regulations:—

 

“ (2) The President may direct that an office referred to in sub-regulation (1) shall be open for business at times other than those referred to in that sub-regulation, and that office shall be open for business at those times.

“ (3) A direction by the President under sub-regulation (2) may be expressed to apply—

(a) generally; or

(b) to a period specified in the direction.”.

Service of document under these Regulations

9. Regulation 18 of the Administrative Appeals Tribunal Regulations is amended by omitting sub-regulations (1), (2), (3) and (4) and substituting the following sub-regulation:—

“ (1) A document or statement that is required by these Regulations to be furnished to a person or a notice or other notification that is required to be served on or given to a person may be posted to the person by a pre-paid letter—

(a) where the person has furnished an address at which documents in relation to the proceeding or matter may be served—to that address; or

(b) where no such address has been furnished—

(i) in the case of a person not being a company—to the address of his place of residence or business last-known to the person posting the document, statement or notice or other notification; or

(ii) in the case of a company—to the address of the registered office of the company,

and, if a document, statement or notice or other notification is so posted, then, for the purposes of these Regulations, the document or statement shall be deemed to be furnished, or the notice or other notification shall be deemed to be served or given, as the case may be, at the time when the document, statement or notice or other notification is so posted.”.

Schedule 1

10. Schedule 1 to the Administrative Appeals Tribunal Regulations is repealed and the following Schedule substituted:—

SCHEDULE 1

Sub-section 29 (1)

Form 1 Sub-regulation 5 (1)

ADMINISTRATIVE APPEALS TRIBUNAL

APPLICATION FOR REVIEW OF DECISION

To the Registrar Registry.

I hereby apply in pursuance of sub-section 29 (1) of the Administrative Appeals Tribunal Act 1975 to have the decision described in paragraph 4 below reviewed by the Administrative Appeals Tribunal.

1. Name of applicant:

2. Address, of applicant:

3. Applicant’s address for service of notices:

4. The decision to be reviewed is:

5. The name of the person who made the decision is:

6. The office, appointment or title of the person who made the decision is:

7. The reasons for this application are:

Signature

Date

 

Form 2 Sub-section 29 (7)

Sub-regulation 5 (2)

ADMINISTRATIVE APPEALS TRIBUNAL

APPLICATION FOR EXTENSION OF TIME FOR LODGING APPLICATION FOR REVIEW OF DECISION

To the Registrar Registry.

The applicant hereby applies to the Administrative Appeals Tribunal in pursuance of sub-section 29(7) of the Administrative Appeals Tribunal Act 1975 to extend the time for the making of an application to the Tribunal for a review of the decision listed below.

1. Name of applicant:

2. Address of applicant:

3. Applicant’s address for service of notices:

4. The decision to be reviewed is:

5. The name of the person who made the decision is:

6. The office, appointment or title of the person who made the decision is:

7. Date to which extension of time is sought:

8. Grounds for this application for extension of time:

Signature

Date

Form 3 Sub-section 29 (10)

Sub-regulation 5 (4)

ADMINISTRATIVE APPEALS TRIBUNAL

NOTICE OF OPPOSITION TO APPLICATION FOR EXTENSION OF TIME FOR MAKING APPLICATION FOR REVIEW OF DECISION

To the Registrar Registry.

I wish to oppose the application by [name of applicant] dated [date of application]for extension under sub-section 29 (7) of the Administrative Appeals Tribunal Act 1975 of the time for the making by that person of an application to the Administrative Appeals Tribunal for a review of the decision made by [name of decision-maker and title]on [date]in the proceeding between [names of parties to proceeding].

1. Name of person giving notice:

2. Address of person giving notice:

3. Address for service of notices on person giving notice:

4. Grounds for opposition to application:

Signature

Date

 

Form 4 Sub-section 29 (11)

Sub-regulation 5 (5)

ADMINISTRATIVE APPEALS TRIBUNAL

NOTICE OF APPLICATION FOR REVIEW OF DECISION

To:

NOTICE is given that an application has been made under sub-section 29 (1) of the Administrative Appeals Tribunal Act 1975 for a review by the Administrative Appeals Tribunal of the decision made by you and referred to in the attached copy of the application.

IN pursuance of that Act you are a party to the proceeding before the Tribunal and you will be notified of the date and place of the hearing.

IN pursuance of sub-section 37 (1) of that Act, you are required, within 14 days after receiving this notice, to lodge with the Tribunal in relation to that decision such number of copies as is prescribed of—

(a) a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and

(b) every other document or part of a document that is in your possession or under your control and is considered by you to be relevant to the review of the decision by the Tribunal.

The prescribed number of copies is—

(a) in the case of a statement, document or part of a document that contains information in respect of which, or in respect of the contents of which, a certificate has been given under sub-section 36 (1) of that Act—1 copy; and

(b) in the case of any other statement, document or part of a document—6 copies,

*Registrar

*Deputy Registrar

Date

 

* Delete where inapplicable

Form 5 Paragraph 30 (1) (c)

Sub-regulation 6 (1)

ADMINISTRATIVE APPEALS TRIBUNAL

APPLICATION TO BE MADE A PARTY TO A PROCEEDING

To the Registrar Registry.

The applicant hereby applies to the Administrative Appeals Tribunal under paragraph 30 (1) (c) of the Administrative Appeals Tribunal Act 1975 to be made a party to the proceeding between [names of parties to proceeding].

1. Name of applicant:

2. Address of applicant:

3. Applicant’s address for service of notices:

4. State in what way the decision affects the interests of the applicant:

Signature

Date

 

Form 6Sub-section 41 (2)

Regulation 7

ADMINISTRATIVE APPEALS TRIBUNAL

REQUEST FOR STAY OF DECISION OR OF ACTION TO IMPLEMENT DECISION

To the Registrar Registry.

I, being a party to the proceeding before the Administrative Appeals Tribunal referred to in paragraph 4 below relating to the decision referred to in paragraph 5 below, hereby request under sub-section 41 (2) of the Administrative Appeals Tribunal Act 1975 that an order be made

*that the operation of the decision be suspended

*and

*that proceedings under the decision be stayed

until the application to the Tribunal dated [date of application]for review of the decision has been determined.

1. Name of person making request:

2. Address of person making request:

3. Address for service of notices on person making request:

4. The description of the proceeding before the Tribunal is:

5. The decision to be reviewed is:

6. The name of the person who made the decision is:

7. The office, appointment or title of the person who made the decision is;

8. Grounds for request:

Signature

Date

 

*Delete where inapplicable

Form 7Sub-section 40 (1a)

Regulation 15

ADMINISTRATIVE APPEALS TRIBUNAL

SUMMONS

Between

Applicant

and

Respondent

To: [name and address of witness]

YOU ARE HEREBY SUMMONED to appear before the Administrative Appeals Tribunal at [place, time and date of hearing]and on each subsequent day of the hearing of the above-mentioned proceeding until you are excused or released from further attendance to give evidence (*and to produce the following documents:)

*Registrar

*Deputy Registrar

Date

 

*Delete where inapplicable