Administrative Appeals Tribunal Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 274

REGULATIONS UNDER THE ADMINISTRATIVE APPEALS

TRIBUNAL ACT 19751

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 twentieth day of December 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

P. DURAK

Attorney-General

_______________

AMENDMENTS OF THE ADMINISTRATIVE APPEALS

TRIBUNAL REGULATIONS2

1Application for review

Regulation 5 of the Administrative Appeals Tribunal Regulations is amended by adding at the end thereof the following sub-regulation:

• “(6)

  Where, after a notice in accordance with Form 4 has been issued, the Tribunal has made an order under sub-section 37 (1A) the Registrar shall serve on the person who made the decision to which the order relates an amended notice in accordance with Form 4.”.

• 2.

  Regulation 7 of the Administrative Appeals Tribunal Regulations is repealed and the following regulations are substituted:

Request for shortening period for lodging copies of material documents

• “7.

  A request under sub-section 37 (1A) of the Act shall be made–

  • (a)

    by application in writing in accordance with Form 5A; or

  • (b)

    as the Tribunal, in a particular case, directs or allows.

Request for order staying or otherwise affecting operation or implementation of a decision or part of a decision

• “7A.

  A request under sub-section 41 (2) of the Act shall be made–

  • (a)

    by application in writing in accordance with Form 6; or

  • (b)

    as the Tribunal, or a presidential member, in a particular case–

    • (i)

      directs; or

    • (ii)

      allows.

Request for variation or revocation of staying order

• “7B.

  A request under sub-section 41 (3) of the Act shall be made–

  • (a)

    by application in writing in accordance with Form 6A; or

  • (b)

    as the Tribunal, or a presidential member, in a particular case–

    • (i)

      directs; or

    • (ii)

      allows.".

3Notice of request under sub-section 41 (2) of the Act

Regulation 8 of the Administrative Appeals Tribunal Regulations is amended–

• (a)

  by inserting in sub-regulation (1) “or (3)” after “41 (2)”; and

• (b)

  by inserting in paragraph (a) of sub-regulation (2) “or (3)” after “41 (2)”.

4Lodging or filing of documents with Registrar

Regulation 9 of the Administrative Appeals Tribunal Regulations is amended by omitting from sub-regulation (2) “sub-section 41 (2)” and substituting “sub-section 37 (1A), 41 (2) or 41 (3)”.

5Lodging of material documents with Tribunal

Regulation 11 of the Administrative Appeals Tribunal Regulations is amended by omitting sub-regulation (1).

6Schedule 1

Schedule 1 to the Administrative Appeals Tribunal Regulations is amended–

• (a)

  by inserting in the heading to Form 4 “OR AMENDED NOTICE” after “NOTICE”;

• (b)

  by omitting from Form 4 “Sub-regulation 5 (5)” and substituting “Sub-regulations 5 (5) and (6)”;

• (c)

  by omitting from Form 4 “sub-section 37 (1)” and substituting “section 37”;

• (d)

  by omitting from Form 4 “within 14 days after receiving this notice” and substituting–

  • “*

    within 28 days (being the period specified in sub-section 37 (1) of that Act) after receiving this notice

  • *

    within ‡ days (being the period specified in an order made under sub-section 37 (1A) of that Act in the proceeding) after receiving this notice

  • *

    within ‡ days (being the period specified in an order made under sub-section 37 (1A) of that Act in the proceeding) after receiving the notice which this notice amends”;

• (e)

  by adding at the end of the footnote to Form 4–

   “‡ Insert the number of days in the period specified in the order made under sub‑ section 37 (1A) of the Act referred to in the notice”;

 and

• (f)

  by omitting Form 6 and substituting the following Forms:

FORM 5A Sub-section 37 (1A)

 Regulation 7

ADMINISTRATIVE APPEALS TRIBUNAL

REQUEST FOR ORDER TO SHORTEN TIME FOR LODGING COPIES OF MATERIAL

DOCUMENTS

To the Registrar   Registry.

 I, being a party to the proceeding before the Administrative Appeals Tribunal for a review of the decision referred to in paragraph 4, hereby request under sub-section 37 (1A) of the AdministrativeAppeals Tribunal Act 1975 that an order be made directing that the copies of documents in relation to that decision that the person who made that decision is required by sub‑section 37(1) of that Act to lodge with the Tribunal be lodged with the Tribunal within such period (being a period of less than 28 days) after the person who made the decision receives or received notice of the application for that review as is specified in the order.

• 1.

  Name of person making request:

• 2.

  Address of person making request:

• 3.

  Address for service of notices on person making request:

• 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 hardship I claim I would or might suffer if the period prescribed by sub-section 37 (1) of the Act for lodging with the Tribunal for the purposes of the review the copies of the documents mentioned in that sub-section is not shortened is:

 Signature

 Date

_______________

FORM 6

Sub-section 41 (2)

 Regulation 7A

ADMINISTRATIVE APPEALS TRIBUNAL

REQUEST FOR ORDER STAYING OR OTHERWISE AFFECTING THE OPERATION OR IMPLEMENTATION OF A DECISION OR PART OF A DECISION

To the Registrar   Registry.

I, being a party to the proceeding before the Administrative Appeals Tribunal referred to in paragraph 4 relating to the decision referred to in paragraph 5, hereby request under sub-section 37 (1A) of the Administrative Appeals Tribunal Act 1975 that such order or orders be made staying or otherwise affecting the operation or implementation of the decision to which the proceeding relates or a part of that decision as the Tribunal or a presidential member considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the application for the review of that decision.

• 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

_______________

FORM 6A

Sub-section 41 (3)

 Regulation 7B

ADMINISTRATIVE APPEALS TRIBUNAL

REQUEST FOR ORDER VARYING OR REVOKING AN ORDER STAYING OR OTHERWISE AFFECTING THE OPERATION OR IMPLEMENTATION OF A DECISION OR PART OF A DECISION

To the Registrar   Registry.

 I, being a party to the proceeding before the Administrative Appeals Tribunal referred to paragraph 4 relating to referred to in paragraph 5 the operation or implementation of has been stayed or otherwise affected by the order referred to in paragraph *order 8 *(as varied by the *orders referred to in paragraph 9), hereby request under sub-section 41(3) of the Administrative Appeals Tribunal Act 1975 that an order be made varying or revoking the order referred to in *orders paragraph 8 *(as varied by the referred to in paragraph 9)., hereby request under sub-section 41 (3) of the Administrative Appeals Tribunal Act 1975 that an order be made varying or revoking the order referred to in paragraph 8 *(as varied by the  referred to in paragraph 9)

• 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.

  The date of the order staying or otherwise affecting the decision or part of the decision is:

• *9.

  The  of the  previously varying the order referred to in paragraph 8

 *is

 *are:

 10. Grounds for request:

 Signature

 Date

 * Delete where inapplicable

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1979.

2. Statutory Rules 1976 No. 141 as amended by Statutory Rules 1977 No. 146.