EXPLANATORY STATEMENT
ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
ADMINISTRATIVE APPEALS TRIBUNAL
REGULATIONS (AMENDMENT)
1988 No. 25
Subsection 70(1) of the Administrative Appeals Tribunal Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 70(2) of the Act provides that, without limiting the generality of subsection (1), the regulations may make provision prescribing fees to be payable in respect of applications to the Administrative Appeals Tribunal (the Tribunal), and providing for the refund, in whole or part, of fees so paid where the proceeding terminates in a manner favourable to the applicant. The subsection further provides that regulations prescribing fees may prescribe fees in respect of a particular class or classes of applications only and prescribe different fees in respect of different classes of applications.
These regulations amend the principal regulations. The purpose of the regulations is to add certain decisions under the Disability Services Act 1986, the National Health Act 1953, the Nursing Homes Assistance Act 1974 and the Public Rental Housing Assistance Program (A.C.T.) to the prescribed classes of decisions in respect of which no fee will be payable in respect of applications to the Tribunal. The regulations also amend the principal regulations so as to include all prescribed classes of decisions in a schedule to the regulations, other than prescribed decision under the Freedom of Information act 1982.
Details of the proposed regulations are set out in the Attachment.
Authorised by Minister of State
for Justice for and on behalf of
the Attorney-General
ATTACHMENT
Proposed regulation 1 provides that the regulations shall come into operation on 15 March 1988.
Proposed regulation 2 provides that in the proposed regulations, “Principal Regulations” means the Administrative Appeals Tribunal Regulations.
Proposed regulation 3 amends regulation 19 of the principal regulations by inserting a new definition of “prescribed decision”, being a decision specified in a new Schedule 3 to the principal regulations or a decision reviewable under section 55 of the Freedom of Information Act 1982, being a decision made in relation to a document that relates to a decision specified in Schedule 3.
Proposed regulation 4 adds at the end of the principal regulations a new Schedule 3. Schedule 3 specifies the following prescribed decisions:
1. A decision under the Compensation (Commonwealth Government Employees) Act 1971, the First Home Owners Act 1983, the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1976, the Papua New Guinea (Staffing Assistance) Act 1973, the Seamen’s War Pensions and Allowances Act 1940, the Social Security Act 1947, the Student Assistance Act 1973, or the Veterans’ Entitlements Act 1986.
2. A determination under section 58B of the Defence Act 1903.
3. A decision of the Defence Force Retirement and Death Benefits Authority reviewable under section 99 of the Defence Force Retirement and Death Benefits Act 1973.
4. A decision under Part III of the Disability Services Act 1986.
5. A decision in relation to which, by virtue of subsection 12(9) of the Housing Assistance Ordinance 1987 of the Australian Capital Territory, application for review may be made to the Tribunal and which is specified in the program entitled “Public Rental Housing Assistance Program” that was approved by the delegate of the Minister of State for Arts, Sport, the Environment, Tourism and Territories on 16 December 1987, being that program as in force on 15 February 1988.
6. A decision under the Land Rent and Rates (Deferment and Remission) Ordinance 1970 of the Australian Capital Territory.
7. A decision under subsection 40AA(8), 40AA(10), section 40AB or 40AC of the National Health Act 1953.
8. A decision under subsection 4(7) of the Nursing Homes Assistance Act 1974.
9. A decision under the Papua New Guinea Staffing Assistance (Superannuation) Regulations.
10. A reviewable decision under section 154 of the Superannuation Act 1976.