Legal Research
Legislations
Administrative Appeals Tribunal Act 1975 - Code of Practice for Notification of Reviewable Decisions and Rights of Review

Administrative Appeals Tribunal Act 1975 - Code of Practice for Notification of Reviewable Decisions and Rights of Review

Administered by Attorney-General's Department

Legislation au F2006B11660 Not in force Legislative Instrument

Select Document

Administrative Appeals Tribunal Act 1975

________________

Code of Practice for Notification of Reviewable Decisions and Rights of Review

I, Michael Hugh Lavarch, Attorney-General, acting under subsection 27B (1) of the Administrative Appeals Tribunal Act 1975, determine this Code of Practice to facilitate the operation of sub-section 27A (1) of that Act.

Explanatory Note:

(not part of the Code)

A. When This Code Applies:

You must have regard to this Code if you make a "reviewable decision". Under subsection 27A (4) of the Administrative Appeals Tribunal Act 1975 (“the Act”), a “reviewable decision” is defined as:

(a) a decision that is reviewable by the Administrative Appeals Tribunal; or

(b) a decision that is reviewable by:

(i) a person whose decision is reviewable by that Tribunal; or

(ii) a person whose decision on review, because of subparagraph (i), is a reviewable decision.

When you make a reviewable decision you must take reasonable steps to give notice to persons affected by the decision of the making of the decision and the right of the person to have the decision reviewed. In doing so, you must have regard to this Code: see subsections 27A (I) and 27B (2) of the Act.

N.B.: There are detailed exceptions, set out in subsection 27A (2) of the Act. The main ones, in summary, are as follows:

(a) where the decision is deemed to have been made because of the operation of sub-section 25 (5) of the Administrative Appeals Tribunal Act 1975; or

(b) where another enactment makes provision for giving notice of a right of review of the decision; or

(i) a decision not to impose a liability or a penalty on a person; or

(ii) a decision adjusting the level of periodic payments to be paid to a person as a member of a class of persons, eg an increase or reduction in a benefit which is paid to all people entitled to the benefit; or

(iii) if an enactment establishes several categories of entitlement to monetary benefits, a decision that determines a person to be in the most favourable of those categories.

B. Scope:

This Code covers decisions made under Commonwealth laws that are subject to review by the Administrative Appeals Tribunal (AAT), either immediately or after the completion of prior review procedures (i.e. internal review by a person or body within the decision making agency and/or external review by a body other than the AAT which is separate from the agency).

C. Purpose of This Code:

The Code is designed to ensure that affected persons are advised of reviewable decisions and are aware of their rights to seek review of those decisions on the merits. You should be aware of the contents of this Code and have regard to its requirements. As the Code establishes minimum standards of practice, you are encouraged to supplement the Code within your own area of operation.

Note though that any supplementation must not conflict with the provisions of the Act. Those provisions are legally binding, and they must therefore be followed. Nor should any supplementation conflict with this Code.

Citation

1. This Code of Practice may be cited as the Code of Practice for Notification of Reviewable Decisions and Rights of Review.

Interpretation

2. (1) In this Code of Practice:

“affected person” means any person or corporation whose interests are affected by a reviewable decision;

“reviewable decision” has the same meaning as in subsection 27A of the Act;

“the Act” means the Administrative Appeals Tribunal Act 1975.

(2) A person to whom, because of subsection 27B (2) of the Act, this Code of Practice applies is referred to in this Code as “you”.

Who Should be Notified of Decisions and Rights of Review?

3. (1) You should notify a person of a reviewable decision that:

(a) is made on an application by the person; or

(b) grants or refuses the person a right, entitlement or benefit;or

(d) imposes an obligation, requirement or disability on the person; or

(e) makes a valuation or declaration which relates to the person.

(2) Subclause (1) does not, by implication, limit the range of persons who, as persons whose interests are affected by a reviewable decision, are to be notified.

(3) When you make a reviewable decision in circumstances where:

(a) some or all of the affected persons are not readily identifiable; or

(b) the number of affected persons is large; or

you should give public notice of the decision and of the rights of review in respect of the decision.

(4) This procedure does not preclude individual notice being given in particular instances.

Contents of Notices

4. (1) Every notice of rights of review should, in simple and brief terms, inform the person to whom it is given of the following information:

(a) any statutory right of the person to ask for reasons for the decision (if a form of reasons has not already been given); and

(b) the name, location, postal and document exchange addresses and the telephone and facsimile numbers of the review authority; and

(c) whether the review authority is independent of the agency which made the decision and whether the authority has the power to overturn the decision; and

(d) how applications for review are to be made and any time limits applying to applications; and

(e) whether or not fees are payable for applications for review and, if so, the amount of the fees and when they are payable;

(f) whether a waiver of fee payment may be applied for and, if so, the basis of the application; and

(g) any time limits within which the review authority must review the decision; and

(h) any right that the person has to obtain access to documents about the decision under the Freedom of Information Act 1982 or any other Act or administrative arrangement, and the basic procedures for exercising that right.

(2) Subclause (1) does not, by implication, limit the information that may be given, and officers should consider for inclusion, where appropriate, information concerning:

(a) the availability of legal, financial and other forms of advice and assistance; and

(b) whether or not there are provisions permitting costs to be awarded against parties to the proceedings; and

(c) procedures of the review authority about which the persons to whom notices are directed should particularly be aware, such as whether attendance is required at hearings and the availability of interpreter services.

Staging of notifications

5. In jurisdictions where prior review is a prerequisite to a review by the Administrative Appeals Tribunal:

(a) notices of rights of review should normally be provided according to the stages of the review process through which the person has progressed; and

(b) notification of the immediate level of review should be given and brief notification of the subsequent level or levels of review should also be given; and

Plain English

6. When you are preparing a notice of decision and of rights of review, it should be given in plain English. Everyday language should be used, wherever possible, for ease of understanding. The notice must be clear, and expressed as simply as the subject matter permits.

Translations

7. (1) Where a standard form of notice about rights of review is given, it should include a brief notice in multi-language form stating how non-English-speaking persons may have the notice interpreted in their first language.

(2) Where a notice is given to a person who is known to have difficulty in reading English, you should also include, wherever practicable, advice in an appropriate language stating how that person may have the notice interpreted in his or her first language.

Contact officers

8. Where there is a contact officer, the notice should give the name and telephone number of that officer as a person who is available to discuss the decision.

Dated 30 November 1994

M Lavarch

Attorney-General

Overview

The Administrative Appeals Tribunal Act 1975 was enacted to provide a mechanism for the review of decisions made under Commonwealth laws by the Administrative Appeals Tribunal (AAT). This Act aims to ensure that individuals who are adversely affected by administrative decisions have the opportunity to seek a review of those decisions. The Code of Practice for Notification of Reviewable Decisions and Rights of Review, determined by the Attorney-General under the authority of the Act, supplements the operation of the Act by setting out minimum standards to ensure that individuals are properly informed of their rights to review certain decisions. The policy objective of this Code is to facilitate awareness and access to the review process, thereby upholding the principles of fairness and justice in administrative decision-making. The Code applies to decisions that are subject to review by the AAT and requires those making such decisions to take reasonable steps to notify affected parties of their rights, in accordance with the Code's provisions.

Scope and Application

The Administrative Appeals Tribunal Act 1975, through its Code of Practice for Notification of Reviewable Decisions and Rights of Review, applies to any person or entity responsible for making decisions that are subject to review by the Administrative Appeals Tribunal. This includes Commonwealth decisions reviewed by the Tribunal, as well as decisions made by individuals or bodies that are reviewable by the Tribunal or by another person or body, which in turn are subject to Tribunal review. The Code mandates that these decision-makers must take reasonable steps to notify those affected by the decisions of their right to seek a review, ensuring that such notifications comply with the minimum standards set out in the Code. However, the Code does not apply to certain decisions, such as those made under sub-section 25(5) of the Act, where another enactment already provides for notice of review rights, or decisions that do not adversely affect a particular person's rights or interests. The Code applies nationally, across all jurisdictions within Australia, and its provisions can be extended or further defined through subordinate instruments.

Key Provisions

The Administrative Appeals Tribunal Act 1975, through the Code of Practice for Notification of Reviewable Decisions and Rights of Review, mandates specific procedures for notifying individuals and entities of decisions that can be reviewed by the Administrative Appeals Tribunal (AAT) and their rights to seek such reviews. Section 27A(1) of the Act requires that when a reviewable decision is made, the decision-maker must take reasonable steps to inform those affected by the decision of both the decision itself and their right to seek a review of it. This notification must adhere to the guidelines set out in the Code of Practice. A reviewable decision, as defined in section 27A(4) of the Act, is one that is either directly reviewable by the AAT or by another person whose decisions can be reviewed by the AAT. Exceptions to this notification requirement include decisions made under certain subsections of the Act, those for which another enactment provides review notification, or decisions that do not adversely affect a person's rights or interests. The Code applies to decisions made under Commonwealth laws that can be reviewed by the AAT, whether immediately or after internal or external review processes have been completed. The obligations imposed by the Act on the parties or entities governed by it include notifying affected parties of the reviewable decision and their rights to review. This notification must be provided in clear, plain English, and include specific information such as the right to request reasons for the decision, details of the review authority, application procedures for review, any applicable fees and their waivers, and relevant time limits. In cases where affected persons are not readily identifiable, numerous, or where individual notification would be excessively costly, public notification is required. Notifications should also include contact details for a contact officer if one is available. Additionally, for non-English-speaking individuals or those with reading difficulties, the notice should include a brief multi-language statement or an appropriate language advisory on how they can obtain an interpretation of the notice in their first language. The Act imposes consequences for failure to comply with its provisions. While the Code of Practice itself does not explicitly outline specific penalties or consequences for non-compliance, the underlying Administrative Appeals Tribunal Act 1975 provides the framework within which any breach of the Act's requirements could be addressed. Breaches of the Act's provisions could potentially lead to legal challenges, administrative actions, or other consequences as deemed appropriate by the courts or tribunals under the Act. It is imperative for those subject to the Act to strictly adhere to its requirements to avoid any adverse outcomes.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Enforcement Powers; Review & Sunset Clauses

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions