Administrative Appeals Tribunal Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 348 1

__________________

Administrative Appeals Tribunal Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Administrative Appeals Tribunal Act 1975.

Dated 8 December 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General

____________

1.   Amendment

1.1   The Administrative Appeals Tribunal Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation

Act 1901, s 48.]

2.   Regulation 3 (Interpretation)

2.1   Subregulation 3 (2):

Omit the subregulation, substitute:

 “(2) A District Registrar and a Deputy Registrar:

• (a)

  have all the powers and duties conferred on the Registrar under these Regulations; and

• (b)

  may perform all the functions that the Registrar may perform under these Regulations.”.

3.   Regulation 5 (Application for review)

3.1   Subregulation 5 (4):

Omit “shall”, substitute “may”.

3.2   Subregulation 5 (6):

After “37 (1A)”, insert “of the Act”.

4.   Regulation 9 (Lodging or filing of documents with Registrar)

4.1   Subregulation 9 (3):

After “transmission”, insert “or electronic mail”.

5.   Regulation 11 (Lodging of material documents with Tribunal)

5.1   Omit the regulation.

6.   Regulation 17 (Hours of Registrar’s office)

6.1   Omit the regulation.

7.   Regulation 20 (Review by Tribunal)

7.1   Subregulation 20 (1):

Omit the subregulation, substitute:

 “(1) A person may apply to the Tribunal for a review of a decision by the Registrar, a District Registrar or a Deputy Registrar:

• (a)

  under subregulation 19 (5) or subregulation 19AA (5), not to order that only 1 fee is payable; and

• (b)

  under paragraph 19 (6) (c) or paragraph 19AA (6) (c), not to waive payment of a fee.”.

8.   Schedule 1

8.1   Forms 1, 2, 3, 4, 5, 5A, 6 and 6A:

Omit the Forms, substitute Forms 1, 2, 3, 4, 5, 5A, 6 and 6A as set out in the Schedule.

8.2   Form 7:

Omit “Member/Registrar/Deputy Registrar”, substitute “Member/Registrar/District Registrar/Deputy Registrar”.

[NOTE:  The note in Form 7 should be replaced by the following note:

“[NOTE: A person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal.

 The Tribunal determines the amount of payment according to Schedule 2 of the Regulations (see section 67 of the Act).]”.]

8.3   Form 8:

Omit “Member/Registrar/Deputy Registrar”, substitute “Member/Registrar/District Registrar/Deputy Registrar”.

[NOTE:

 The note in Form 8 should be replaced by the following note:

“[NOTE: A person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal.

 The Tribunal determines the amount of payment according to Schedule 2 of the Regulations (see section 67 of the Act).]”.]

8.4   Form 9:

Omit “Member/Registrar/Deputy Registrar”, substitute “Member/Registrar/District Registrar/Deputy Registrar”.

[NOTE:  The note in Form 9 should be replaced by the following note:

“[NOTE: Instead of attending at the hearing to produce the books, documents or things, you may produce them to a member of the staff of the Tribunal at the place of the hearing not later than 4.00 pm on the day before the day mentioned above.

 If it is difficult for you to get to the Tribunal before 4.00 pm on that day, you should contact the registry of the Tribunal to make other delivery arrangements.]”.]

9.   Schedule 3

9.1   Item 11:

Omit “Student Assistance Act 1973”, substitute “Student and Youth Assistance Act 1973”.

 

schedule

SCHEDULE 1—FORMS 1, 2, 3, 4, 5, 5A, 6 and 6A

FORM 1

Subregulation 5 (1)

Administrative Appeals Tribunal

or

Small Taxation Claims Tribunal

APPLICATION FOR REVIEW OF DECISION

Applicant   Full name	Title:  Mr ¨ Ms ¨  Mrs ¨ Miss  ¨ Other.......   Family name (surname):   Given names:
Gender	Male  ¨  Female  ¨	Date of birth
Telephone (business)	(  )	Telephone  (home)	(  )
Your address	Postcode
The name, address and telephone number of your representative (if you have one)
Interpreter	Do you require the assistance of an interpreter?    Yes  ¨ No ¨   If yes, for which language?

FORM 1—continued

Disability

If you have a disability and need assistance, please indicate:

 

Visual

 ¨ Hearing ¨ Wheel chair user ¨

 

Other, please specify................................

Decision

You do not have to answer this question if you can attach a copy of the decision. If you do not have a copy, please describe the decision briefly:

    

Date of decision

 

 Decision reference

Date you received notice

of the decision

Who made the decision, if known

Department or other body:

 

Address:

  

Reasons for application

What are your reasons for seeking review of this decision?

     

Tax matters

  

Please state the amount of tax in dispute (only answer this question if you want a tax decision reviewed).

 

$

Signature

 Date

  FORM 2

Subregulation 5 (2)

Administrative Appeals Tribunal

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

NOTE:

  Subsection 29 (7) of the Act provides that the Tribunal may extend the time for the making of an application for review of a decision.

 

I apply for an extension of time for lodging an application for review of the decision described in item 2.

1. Applicant

Mr/Mrs/Ms/Miss/Other

(full name)

Family name (surname)

Given name(s)

Telephone

Business (

 ) Home: ( )

Your

address

 Postcode

The name, address and telephone number of your representative (if

you have one)

    

 Postcode

2. Decision

Attach a copy, if possible, or describe decision briefly.

Date of decision

Decision reference

(if copy of decision not attached)

(if copy of decision not attached)

FORM 2—continued

Date decision

received

Who made the

Department

decision, if you

or other body:

know (if copy of decision is not attached)

Address:

  

 Postcode

3. To what date

are you seeking

an extension of

time

4. Reasons for application

Outline your reasons for applying for an extension of time for lodging your application for review of the decision

Signature

 Date

  FORM 3

Subregulation 5 (4)

Administrative Appeals Tribunal

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

NOTE:

  Subsection 29 (10) of the Act and subregulation 5 (4) provide that a person who wishes to oppose an application for extension of time for review of an application may do so in accordance with this form.

 

The person described in item 1 opposes the application made by the person described in item 4 to extend the time for lodging an application for review of the decision made by the person described in item 5.

1. Person giving

Mr/Mrs/Ms/Miss/Other

notice of opposition

Family name (surname)

 

(full name)

Given name(s)

Telephone

Business: (

 ) Home: ( )

Your address

 Postcode

The name, address and telephone number of your representative (if you have one)

    

 Postcode

2. Grounds for

opposition to

application

FORM 3—continued

3. Names of the

parties to the

proceeding

4. Name of

Mr/Mrs/Ms/Miss/Other

applicant

Family name (surname)

Given name(s)

Date of

application

 5. Who made the decision

Department

or other body:

Address:

 

 Postcode:

Date of decision

Signature

Date

  FORM 4

Subregulations 5 (5) and (6)

Administrative Appeals Tribunal

NOTICE OR AMENDED NOTICE OF APPLICATION FOR REVIEW OF DECISION

NOTE:

  Subsection 29 (11) of the Act provides that notice of an application for a review of a decision is to be served on the person who made the decision.

File No.

Between:

Applicant

and:

Respondent

To:

The applicant has applied under subsection 29 (1) of the Administrative Appeals Tribunal Act 1975 (“the Act”) for a review by the Administrative Appeals Tribunal of your decision referred to in the attached copy of the application.

You are a party to the proceeding before the Tribunal and you will be notified of the date and place of the hearing.

YOU ARE REQUIRED to lodge with the Tribunal 2 copies 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

FORM 4—continued

• (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.

YOU ARE REQUIRED to lodge the copies with the Tribunal:

 * within 28 days after receiving this notice

 * within   days after receiving this notice

 * within   days after receiving the notice which this  notice amends.

YOU ARE REQUIRED to give copies of the statement and documents within that period to each other party to the proceeding.

Registrar/District Registrar/ Deputy Registrar

Date:

* Delete where inapplicable

 Insert the number of days in the period specified in an order made by the Tribunal under subsection 37 (1A) of the Act in the proceeding.

FORM 5

Subregulation 6 (1)

Administrative Appeals Tribunal

APPLICATION TO BE MADE A PARTY TO A PROCEEDING

NOTE:

Subsection 30 (1A) of the Act provides that if an application has been made by a person for review of a decision, any other person whose interests are affected by the decision may apply to be made a party to the proceeding.

 

I apply to be made a party to the proceeding between the parties described in item 1.

1. Names of the parties to the

proceeding

2. Tribunal’s file number

(if known)

3. Name of

Mr/Mrs/Ms/Miss/Other

applicant

Family name (surname)

(full name)

Given name(s)

Telephone

Business: (

 ) Home: ( )

FORM 5—continued

Your

address

 Postcode:

The name, address and telephone number of your representative (if you have one)	Postcode
4. How does the	Outline the reasons why you should be made a party to
decision affect	the proceeding
your interests
Signature	Date

  FORM 5A

Regulation 7

Administrative Appeals Tribunal

REQUEST FOR ORDER TO SHORTEN TIME FOR LODGING COPIES OF DOCUMENTS

NOTE:

Subsection 37 (1A) of the Act provides that if a party to a proceeding might suffer hardship, the party may seek an order to shorten the time for lodging copies of documents.

 

I apply for an order directing that the copies of documents about the decision described in item 2 be lodged by the decision maker within a period of less than 28 days after the decision maker receives or received the application for review of the decision.

1. Applicant

Mr/Mrs/Ms/Miss/Other

making the

Family name (surname)

request

(full name)

Given name(s)

Telephone

Business:

 ( ) Home: ( )

Your

address

 Postcode

The name, address and telephone number of your representative (if you have one)

     

 Postcode

2. Decision

Attach a copy, if possible, or describe decision briefly.

FORM 5A—continued

Who made the

Department

decision, if you

or other body:

know (if copy of decision not attached)

Address:

 

 Postcode

3. Reasons for the

request

Outline the hardship you would or might suffer if the time to lodge the documents is not shortened.

Signature

Date

  FORM 6

Regulation 7A

Administrative Appeals Tribunal

REQUEST FOR ORDER ABOUT THE OPERATION OR IMPLEMENTATION OF A DECISION

NOTE:

Subsection 41 (2) of the Act provides that the interests of a person who may be affected by a review may seek an order about the operation or implementation of the decision.

 

I am a party to the proceeding described in item 2 that relates to the decision described in item 3.

I apply for an order about the operation or implementation of that decision.

1. Applicant

Mr/Mrs/Ms/Miss/Other

making the

Family name (surname)

 request

(full name)

Given name(s)

Telephone

Business: (

 ) Home: ( )

Your

address

 Postcode

The name, address and telephone number of your representative (if you have one)

    

 Postcode

2. Names of the

parties to the

proceeding

FORM 6—continued

3. Decision		Attach a copy, if possible, or describe decision briefly.
Who made the		Department
decision, if you		or other body:
know (if copy of decision not attached)		Address:
Postcode
4. Order sought		Describe what order you want to be made.
5. Grounds for request
Signature	Date

  FORM 6A

Regulation 7B

Administrative Appeals Tribunal

REQUEST FOR ORDER VARYING OR REVOKING AN ORDER ABOUT THE OPERATION OR IMPLEMENTATION OF A DECISION

NOTE:

Subsection 41 (3) of the Act provides that if an order is in force under subsection 41 (2) of the Act, a party to a proceeding may request an order varying or revoking the order about the operation or implementation of the decision.

 

I am a party to the proceeding described in item 2 that relates to the decision described in item 3, which is subject to the order referred to in item 4 (as varied by the order or orders referred to in item 5).

I apply for an order varying or revoking the order referred to in item 4.

1. Applicant

Mr/Mrs/Ms/Miss/Other

making the request

Family name (surname)

(full name)

Given name(s)

Telephone

Business:

 ( ) Home: ( )

 Your address

 Postcode

The name, address and telephone number of your representative (if you have one)

     

 Postcode

2. Names of the

parties to the

proceeding

FORM 6A—continued

3. Decision

Attach a copy, if possible, or describe decision briefly.

Who made the

Department

decision

or other body:

(if copy of decision not attached)

Address:

 

 Postcode

4. Date of the

order about

the decision

5. Date of any

previous order

about the

decision

6. Grounds for

request

Signature

Date

_____________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 December 1997.

2. Statutory Rules 1976 No. 141 as amended by 1977 No. 146; 1979 No. 274; 1984 No. 383; 1986 Nos. 168 and 232; 1987 Nos. 23 and 181; 1988 No. 25; 1989 No. 157; 1990 No. 284; 1991 Nos. 233 and 450 (disallowed by the Senate on 3 March 1992); 1992 No. 235; 1993 Nos. 64, 276 and 326; 1995 Nos. 343 and 421; 1996 No. 187; 1997 No. 156.