Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1) 2001 No. 116
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 116
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Administrative Appeals Tribunal Act 1975
Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1)
Section 70 of the Administrative Appeals Tribunal Act 1975 provides, among other things, that the Governor-General may make regulations prescribing the amounts payable as fees in respect of particular classes of applications made to the Tribunal
Regulation 19 of the Administrative Appeals Tribunal Regulations 1976 (the principal Regulations) provides for a standard application fee to apply for review of decisions by the Tribunal, except in cases of hardship or for applicants in certain categories (eg a holder of a concession card issued by the Department of Family and Community Services) or where the application relates to a prescribed decision.
A prescribed decision is a decision specified in Schedule 3 to the principal Regulations and certain decisions under the Freedom of Information Act 1982.
Schedule 3 to the principal Regulations prescribes various statutory decisions. Item 1 of Schedule 3, amongst other things, prescribes decisions made under the Social Security Act 1991. As a result of changes in 1999, some decisions that were made under this Act are now made under other legislation.
The purpose of the Amendment Regulations is to continue to provide exemptions from Tribunal application fees for review of decisions that were formerly made under the Social Security Act 1991 by amending Schedule 3 of the principal Regulations to specify:
• decisions under the Social Security Act 1991, the Social Security (Administration) Act 1999 and the Social Security (International Agreements) Act 1999 (the legislation that forms the 'social security law').
• decisions under A New Tax System (Family Assistance) Act 1999, A New Tax System (Family Assistance) (Administration) Act 1999 and associated regulations and A New Tax System (Family Assistance and Related Measures) Act 2000 (the legislation that forms the 'family assistance law');
The Regulations also have the effect of extending the exemption from application fees in the Tribunal to applications for review of decisions on childcare benefits, which are also provided for under the family assistance law.
Details of the Regulations are as follows:
Regulation 1 provides that the Regulations are called the Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that the principal Regulations are amended as set out in Schedule 1 to the Regulations.
Schedule 1, Item 1 omits the reference to the Social Security Act 1991 in Item 1 of Schedule 3.
Schedule 1, Item 2 inserts a new item 1A in Schedule 3 that specifies decisions made under the family assistance law as that term is defined in the A New Tax System (Family Assistance) (Administration) Act 1999.
Schedule 1, Item 3 inserts a new item 9A in Schedule 3 that specifies decisions made under the social security law as that term. is defined in the Social Security Act 1991.
Overview
The Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1) were enacted to address the need for updating the fees associated with applications made to the Administrative Appeals Tribunal (AAT) in light of legislative changes affecting social security and family assistance decisions. The Regulations were made under the authority of the Administrative Appeals Tribunal Act 1975 and aim to ensure that applicants for review of decisions formerly made under the Social Security Act 1991, now covered under different legislation, continue to be exempt from certain application fees. This update is crucial to reflect the current legislative landscape and to maintain the accessibility of the AAT for those affected by decisions made under the revised family assistance and social security laws. The policy objective is to provide a seamless transition in the application fee structure to accommodate these legislative changes without imposing additional financial burdens on applicants.
Scope and Application
The Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1) apply to persons and entities seeking review of decisions made under the Social Security Act 1991, the Social Security (Administration) Act 1999, the Social Security (International Agreements) Act 1999, the A New Tax System (Family Assistance) Act 1999, the A New Tax System (Family Assistance) (Administration) Act 1999, and the A New Tax System (Family Assistance and Related Measures) Act 2000. The Regulations amend the Administrative Appeals Tribunal Regulations 1976 to provide exemptions from application fees for review of decisions made under the aforementioned legislation, including decisions related to social security and family assistance. The Regulations have a national reach, applying throughout Australia, and they extend the exemption from application fees to decisions on childcare benefits. The Regulations do not specify any exclusions, exemptions, or thresholds beyond those outlined above. Subordinate instruments may further define or extend the application of these Regulations.
Key Provisions
The Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1) (the Regulations) amend the Administrative Appeals Tribunal Regulations 1976 (the principal Regulations) to update the exemptions from application fees for certain decisions made by the Administrative Appeals Tribunal (the Tribunal) (reg 3). Specifically, the Regulations remove references to the Social Security Act 1991 and insert new definitions and references to the family assistance law and the social security law (Schedule 1, Item 1, 2 and 3). The Regulations also insert new items into Schedule 3 of the principal Regulations to specify the types of decisions that are exempt from application fees (Schedule 1, Item 2 and 3). These include decisions made under the family assistance law and the social security law, which includes the Social Security Act 1991, the Social Security (Administration) Act 1999, and the Social Security (International Agreements) Act 1999 (Schedule 1, Item 2 and 3).
The Regulations impose obligations on applicants to the Tribunal to ensure that they are aware of the updated exemptions from application fees for certain decisions (reg 3). Applicants must provide evidence of their eligibility for an exemption from application fees, such as a concession card or proof of low income, when lodging an application for review of a decision (reg 3). Failure to provide evidence of eligibility may result in the applicant being required to pay the standard application fee.
The Regulations also provide for potential consequences for non-compliance with the updated fee exemptions. Failure to provide evidence of eligibility for an exemption from application fees may result in the Tribunal requiring the applicant to pay the standard application fee (reg 3). Additionally, failure to comply with the Regulations may result in the Tribunal refusing to accept an application for review of a decision, or in the imposition of civil or criminal penalties for non-compliance with the Act or the Regulations (reg 3). The maximum penalties for non-compliance with the Act or the Regulations are not specified in the Explanatory Statement, but may be found in the relevant legislation.