EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 19
Subject: Administrative Appeals Tribunal Act 1975
Administrative Appeals Tribunal Amendment Regulation 2012 (No. 2)
The purpose of the Administrative Appeals Tribunal Amendment Regulation 2012 (No. 2) is to amend the Administrative Appeals Tribunal Regulations 1976 (the Principal Regulations) to add decisions made under the Military Rehabilitation and Compensation Act 2004 (MRCA) and under section 33 of the Social Services Act 1980 of Norfolk Island to the list of prescribed decisions for the purposes of regulation 19.
Section 70 of the Administrative Appeals Tribunal Act 1975 provides, in part, that the Governor‑General may make regulations not inconsistent with the Act, including prescribing fees to be payable in respect of applications to the Administrative Appeals Tribunal (the Tribunal).
The Administrative Appeals Tribunal Regulations 1976 (the Principal Regulations) prescribe certain fees in relation to Tribunal proceedings. Subregulation 19(1) provides that fees are payable for lodging with the Tribunal applications for review of decisions, other than prescribed decisions. Subregulation 19(2)(a) specifies that prescribed decisions are those specified in Schedule 3 of the Principal Regulations.
The definition of prescribed decisions in Schedule 3 of the Principal Regulations includes decisions made under the Safety Rehabilitation and Compensation Act 1988 and the Veterans' Entitlements Act 1986, but does not include decisions made under the MRCA. Adding the MRCA applies consistently the policy that veterans need not pay fees for review of decisions made by the Veterans’ Review Board or the Military Rehabilitation and Compensation Commission.
Adding section 33 of the Social Services Act 1980 of Norfolk Island to Schedule 3 of the Principal Regulations ensures that, consistent with review of decisions made under Commonwealth social security law, application fees are not charged for review of decisions made under the social security law of Norfolk Island.
Consultation
The Regulations were developed in consultation with the Administrative Appeals Tribunal and the Department of Veterans’ Affairs.
Regulation Impact Statement
The Office of Best Practice Regulation advised (reference number 13523) that a Regulation Impact Statement for these Regulations is not required.
Details of the Regulation are set out in the Attachment.
The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulation commences on the day after registration.
ATTACHMENT
Details of the Administrative Appeals Tribunal Amendment Regulation 2012 (No. 2)
Regulation 1 – Name of regulation
This regulation provides that the name of the Regulation is the Administrative Appeals Tribunal Amendment Regulation 2012 (No. 2).
Regulation 2 – Commencement
This regulation provides for the Regulation to commence on the day after registration.
Regulation 3 – Amendment of Administrative Appeals Tribunal Regulations 1976
This regulation provides that schedule 1 amends the Administrative Appeals Tribunal Regulations 1976.
Schedule 1 – Amendment
Item [1] – Schedule 3, after item 11
This regulation inserts:
12 A decision under the Military Rehabilitation and Compensation Act 2004 (including a decision under the Motor Vehicle Compensation Scheme determined under section 212 of the Act)
13 A decision under section 33 of the Social Services Act 1980 of Norfolk Island
Consultation
The Regulations were developed in consultation with the AAT and the Department of Veterans’ Affairs.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement is not required for this Regulation.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (the Scrutiny Act).
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Scrutiny Act.
The amendment is consistent with government policy that veterans need not pay fees to seek review of decisions about their entitlements and benefits, and that application fees are not charged for review of decisions made under made under social security law.
The legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.