Administrative Appeals Tribunal Amendment Regulations 2000 (No. 1) 2000 No. 17
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 17
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Administrative Appeals Tribunal Act 1975
ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT REGULATIONS 2000 (NO. 1)
Section 70 of the Administrative Appeals Tribunal Act 1975 provides for the Governor-General to make regulations prescribing matters, amongst others, necessary or convenient to be prescribed for carrying out or giving effect to the Act, including prescribing fees. Pursuant to this power, the Administrative Appeals Tribunal Regulations ("the Principal Regulations") were made, prescribing certain matters concerning the practice and procedure of the Administrative Appeals Tribunal.
The purpose of the proposed Regulations is to amend the Principal Regulations, to make consequential amendments to provide fee exemptions for youth allowance and austudy recipients.
Schedule 1 - Clause 2
Subparagraphs 19A(6)(b)(i) and (ii) of the Principal Regulations have been amended to replace the reference to the Department of Social Security, with a reference to the Department of Family and Community Services.
Schedule 1 - Clause 3
Under the Principal Regulations, fees are imposed under regulation 19 for lodging certain applications. These fees are not payable on the various grounds listed under sub-regulation 19A(6).
Paragraph 19(6)(b)(v) currently provides for exemptions from the payment of various fees where the person liable to pay the fee is "in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations."
An amendment to the Principal Regulations is required to change the current wording of subparagraph 19(6)(b)(v) from "AUSTUDY within the meaning of the AUSTUDY Regulations" to "youth allowance, or austudy payment, within the meaning of the Social Security Act 1991".
The Social Security Legislation Amendment (Youth Allowance) Act 1998 and the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 have introduced a new social security payment: "youth allowance." Youth allowance is available to people below 25 years of age if undertaking full time study, and below 21 otherwise. A new payment ("austudy", as opposed to "AUSTUDY") has been established for students aged 25 or over.
The amendment is necessary to ensure consistency between the Social Security Legislation Amendment (Youth Allowance) Act 1998 and the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 and the Principal Regulations.
Schedule 1 - Clause 4
Fees are imposed under regulation 19AA in relation to Part IIIAA taxation decisions. These fees are not payable on the various grounds listed under sub-regulation 19AA(6).
Clause 4 of Schedule 1 substitutes new paragraph 19AA(6)(b). This paragraph has been redrafted so that it will be consistent with paragraph 19(6)(b) as amended by clause 3 of Schedule 1.
The Regulations commenced on gazettal.
Overview
The Administrative Appeals Tribunal Amendment Regulations 2000 (No. 1) were enacted in 2000 by the Australian government to address inconsistencies in the fees structure for certain social security recipients who lodge applications with the Administrative Appeals Tribunal. These Regulations amend the Administrative Appeals Tribunal Regulations 1997, which were made under the Administrative Appeals Tribunal Act 1975. The policy objective of these amendments is to align the application fee exemptions with the recent changes in social security legislation, ensuring that youth allowance and austudy recipients who are eligible for fee exemptions are correctly identified and accommodated under the Tribunal's regulatory framework. This alignment is critical for ensuring that these recipients are not unduly burdened by application fees when seeking reviews through the Tribunal.
Scope and Application
The Administrative Appeals Tribunal Amendment Regulations 2000 (No. 1) pertains to amendments of the Administrative Appeals Tribunal Regulations made under the Administrative Appeals Tribunal Act 1975. These Regulations apply to individuals and entities that interact with the Administrative Appeals Tribunal in the context of certain applications and proceedings. The amendments specifically address fee exemptions for recipients of youth allowance and austudy payments. Geographically, the Act applies at the Commonwealth level, affecting all entities and individuals within Australia subject to the Tribunal’s jurisdiction. The Regulations update references to the Department of Family and Community Services to reflect the current administrative structure and align with the latest legislative changes regarding youth allowance and austudy payments. The amendments also ensure that the fee exemption criteria are consistent with the latest social security legislation, thereby extending or restricting the application of certain fees through these subordinate instruments. The Regulations commenced upon gazette and apply to all relevant applications and proceedings post that date.
Key Provisions
The Administrative Appeals Tribunal Amendment Regulations 2000 (No. 1) primarily amend the Administrative Appeals Tribunal Regulations 2000 to align with recent changes in social security legislation, particularly the introduction of "youth allowance" and "austudy" payments under the Social Security Act 1991. The regulations adjust references to these payments within the context of fee exemptions for applicants to the Administrative Appeals Tribunal (AAT). Specifically, clause 2 of Schedule 1 updates references from the Department of Social Security to the Department of Family and Community Services, ensuring that the regulations remain current with governmental organisational changes. Clause 3 modifies the wording of subparagraph 19(6)(b)(v) to reflect the new terminology for social security payments, replacing "AUSTUDY" with "youth allowance, or austudy payment" as defined in the Social Security Act 1991. This change is crucial for maintaining consistency across related legislation and ensuring that the appropriate recipients of social security payments are correctly identified for fee exemptions.
The obligations imposed by these amendments require the AAT to ensure that its practices and procedures are updated to reflect changes in social security legislation. This includes re-examining and updating internal references and documentation to accurately reflect the new terminology and definitions of "youth allowance" and "austudy." The AAT must also ensure that applicants who are recipients of these payments are appropriately identified and exempted from paying certain fees, in accordance with the amended regulations. This obligation extends to the AAT's administrative staff, who must be trained to recognise and apply the new definitions correctly in their dealings with applicants.
Failure to comply with these regulations could result in incorrect application of fees, potentially disadvantaging eligible applicants or imposing unnecessary financial burdens on them. While the regulations themselves do not specify penalties for non-compliance, breaches of the AAT's procedural requirements could lead to administrative consequences, such as the review or overturning of decisions by higher courts. Additionally, the AAT may face reputational damage if it is perceived to be inconsistently applying fee exemptions, which could undermine public confidence in its processes. Ensuring strict adherence to these amendments is therefore crucial for the AAT to maintain its integrity and effectiveness.