Administrative Appeals Tribunal Regulations (Amendment) 1991 No. 450
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 450
ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
Subsection 70(2) of the Administrative Appeals Tribunal Act 1975 provides that the Governor-General may make regulations prescribing fees in respect of applications to the Tribunal.
The purpose of the Administrative Appeals Tribunal Regulations (Amendment) is to amend the Administrative Appeals Tribunal Regulations by replacing existing provisions relating to the fees. The proposed regulations provide that a range of new fees are payable in relation to proceedings in the Administrative Appeals Tribunal and provide for the waiver of fees. There is, at present, no provision in the AAT Regulations for waiver of fees.
Regulation 1 provides that the amended regulations are to commence on 1 April 1992.
Regulation 2 is formal.
Regulation 3 amends regulation 19, which deals with fees payable in the Tribunal in respect of applications.
Subregulation 19(1) is omitted and substituted with a new subregulation 19(1) which provides that a filing fee is payable for the lodging with the Tribunal of:
(a) an application for the review of a decision; or
(b) an application under subsection 28(1AC) of the Act; or
(c) an application under subsection 62(2) of the Freedom of Information Act 1982;
other than an application for review of a prescribed decision.
New subregulation 19(4) requires the filing fee to be paid before lodging an application provides for the Registrar or a Deputy Registrar to order that only 1 fee is payable if 2 or more applications relating to the same applicant are lodged at the same time if the applications can, in the opinion of the Registrar or a Deputy Registrar, be conveniently heard by the Tribunal at the same time.
New subregulation 19(5). The making of this regulation will bring to an end a practice which has developed of lodging an application without payment of a filing fee and with the effect that the operation of the decision to be reviewed is stayed but the Tribunal is not obliged to deal with the application.
New subregulation 19(6) provides that a filing fee is not payable if the person liable to pay the fee is granted legal aid under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General.
Subregulation 19(5) also provides for the non-payment of a filing fee if the person liable to pay the fee is:
• the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card; or
• an inmate of a prison or is otherwise lawfully detained in a public institution; or
• a child under the age of 18 years; or
• in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations.
The regulation also provides a residual discretion for a Registrar, or a Deputy Registrar, to waive a filing fee on the ground that payment of the fee would impose financial hardship on the applicant. The Registrar is to have regard to the income, assets and liabilities of the applicant in making his or her decision.
New subregulation 19(7) provides for the refund of a filing fee in cases where the fee was not payable or where the proceeding terminates in a manner favourable to the applicant. This latter ground repeats the terms of existing regulation 20, which is repealed.
A new Regulation 19A provides for the payment of a hearing fee of $200 when the Tribunal, a Registrar or a Deputy Registrar certifies that an application, for which a fee is payable under Regulation 19, is ready for hearing.
New subregulation 19A(2) provides for the Registrar or a Deputy Registrar to order that only 1 hearing fee is payable if 2 or more applications relating to the same applicant can, in the opinion of the Registrar or Deputy Registrar, be conveniently heard by the Tribunal at the same time.
New subregulation 19A(3) provides for the non-payment of a hearing fee if the person liable to pay the fee is granted legal aid under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General or where the Registrar or a Deputy Registrar waives the fee on the ground that payment of the fee would impose financial hardship on the applicant. The Registrar is to have regard to the income, assets and liabilities of the applicant in making his or her decision. Subregulation 19A(3) also provides for the non-payment of a hearing fee if the person liable to pay the fee is:
• the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card; or
• an inmate of a prison or is otherwise lawfully detained in a public institution; or
• a child under the age of 18 years; or
• in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations.
New subregulation 19A(4) provides that the person liable to pay a hearing fee is the applicant or, if the Tribunal so orders:
• another party to the application, or
• 2 or more of the parties to the application, including the applicant, in the proportion ordered by the Tribunal.
New subregulation 19A(5) provides that in those cases where a hearing fee that is payable for an application is unpaid, the Tribunal may make orders in relation to the further progress of the proceedings, including an order to dismiss the application, and the Tribunal, the Registrar or a Deputy Registrar may vacate the date fixed for hearing.
New subregulation 19A(6) provides for the refund of a hearing fee if the Registrar or a Deputy Registrar is notified, not less than 10 working days before the date fixed for hearing, that the hearing will not proceed and it does not proceed, or when the fee was not payable or when the matter terminates in a manner favourable to the applicant.
New subregulation 19B(1) provides for an application to be made to review a decision by the Registrar or a District Registrar under paragraph 19(6)(c) or 19A(3)(c).
New subregulation 19B(2) provides that if the Registrar makes a decision under paragraph 19(6)(c) or 19A(3)(c), a notice must be given to the person liable to pay the fee:
(a) containing the terms of the decision; and
(b) giving written reasons for the decision; and
(c) containing a statement to the effect that subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.
New subregulation 19B(3) provides that a notice under subregulation 19B(2) must be given within 28 days of the date of the decision and new subregulation 19B(4) provides that a failure to include in a notice under subregulation 19B(2) a statement of the kind mentioned in paragraph (2)(c) does not affect the validity of the decision.
Regulation 20 is omitted and is now restated in subregulations 19(6) and 19A(6).
These Regulations are, under regulation 6, to apply to applications lodged on or after the date of the commencement of these Regulations.
Authorised by the Attorney-General