VDRZ and Innovation Australia

The Administrative Appeals Tribunal (AAT) considered an application by VDRZ and Innovation Australia concerning a conciliation agreement. The dispute involved the terms of a decision to be made by the Tribunal, which the parties had reached through an alternative dispute resolution process.

The central legal issue before the Tribunal was whether it had the power to make a decision in accordance with the terms of the conciliation agreement, as provided for by section 34D of the *Administrative Appeals Tribunal Act 1975*. Specifically, the Tribunal had to determine if the procedural requirements of section 34D were met and if the proposed decision fell within the Tribunal's statutory powers.

The Tribunal, presided over by Justice D Kerr, found that the parties had complied with the procedural requirements of section 34D, including the lodgment of a written agreement and the expiry of the withdrawal period. The Tribunal was satisfied that the decision sought by the parties, as set out in the Minutes of Consent Orders, was within its powers. The parties had both submitted that the proposed decision was within the Tribunal's jurisdiction.

The Tribunal indicated its intention to make a decision in terms of the agreement reached by the parties, noting the value of non-adversarial dispute resolution procedures.