EXPLANATORY STATEMENT
ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT)
1987 No. 23
Sub-section 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.
Sub-section 70(2) of the Act provides that, without limiting the generality of sub-section (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 sub-section 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.
The purpose of these regulations is to introduce a fee of $200 payable in respect of applications to the Tribunal, other than prescribed classes of applications, for which no fee will be payable. This implements the Government’s decision to introduce a filing fee of $200 for applications to the Tribunal (other than applications to review income maintenance decisions) which was announced by the Treasurer in the 1986-7 budget.
Details of the proposed regulations are as follows:
Proposed regulation 1 provides that the regulations shall come into operation on 1 March 1987.
Proposed regulation 2 inserts, after regulation 18 of the Administrative Appeals Tribunal Regulations, a new regulation 19 which provides for the payment of a fee of $200 on lodging with the Tribunal an application for a review of a decision, other than a prescribed decision (Sub-regulation 19(1)). A “prescribed decision” is defined in sub-regulation 19(2) to mean:
(a) 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;
(b) a determination under section 58B of the Defence Act 1903;
(c) 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;
(d) a decision under the Land Rent and Rates (Deferment and Remission) Ordinance 1970;
(e) a decision under the Papua New Guinea Staffing Assistance (Superannuation) Regulations;
(f) a reviewable decision under section 154 of the Superannuation Act 1976; and
(g) 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 referred to in paragraphs (a), (b), (c), (d), (e), or (f).
Sub-regulation 19(3) provides, in effect, that no fee is payable for a request for the referral of a decision to the Tribunal where a fee is payable under a provision of another enactment on the lodging of the request. This avoids the possibility of a double payment in such circumstances. The Taxation Laws Amendment Act (No. 4) 1986 amends the Taxation Administration Act 1953 to provide for a fee of $200 to be paid on lodging with the Commissioner of Taxation a request for the referral of certain decisions to the Tribunal.
Proposed regulation 2 also inserts a new regulation 20 which provides for the refund of the prescribed fee in whole to the applicant where the fee has been paid on the lodging with the Tribunal of an application for the review of a decision and the proceeding terminates in a manner favourable to the applicant.
Authorized by the Attorney-General
Overview
The Administrative Appeals Tribunal Regulations (Amendment) 1987, No. 23, amends the Administrative Appeals Tribunal Regulations under the Administrative Appeals Tribunal Act 1975. Enacted by the Parliament of Australia, this legislation was introduced to address the need for a standardised fee structure for applications to the Administrative Appeals Tribunal, ensuring a consistent and fair process for applicants while also generating revenue to support the Tribunal's operations. The policy objective of these regulations is to establish a $200 filing fee for most applications to the Tribunal, except for certain specified classes of applications, and to provide for the refund of this fee in cases where the applicant's proceeding is successful. This approach balances the need for financial sustainability with accessibility to the Tribunal’s services.
The regulations specify that the new fee structure will come into effect on 1 March 1987. They introduce a new fee of $200 for applications to the Tribunal, excluding those related to specific decisions outlined in the regulations, such as those under the Compensation (Commonwealth Government Employees) Act 1971 or the Social Security Act 1947. Additionally, the regulations include provisions for the refund of the fee in full if the applicant’s case is successful, thereby promoting fairness and ensuring that applicants are not financially penalised if their case does not proceed. This amendment reflects the government’s commitment to efficient and equitable administration within the Tribunal system.
Scope and Application
The Administrative Appeals Tribunal Act 1975, as amended by the Administrative Appeals Tribunal Regulations (Amendment) 1987 No. 23, applies to all persons or entities seeking to review decisions made by Commonwealth agencies, instrumentalities, or authorities, with certain exceptions. This Act facilitates the administrative review of decisions by establishing a tribunal that can hear appeals against administrative decisions. The geographic reach of the Act is national, covering all jurisdictions within Australia. The Act applies to a broad range of decisions made under Commonwealth legislation, except for those decisions specifically exempted by the regulations. The amendments introduced through the regulations establish a fee of $200 for applications to the Tribunal, with specific exemptions for certain prescribed decisions, such as those related to social security, veterans' entitlements, and freedom of information. The regulations further provide for the refund of the fee if the proceeding terminates in a manner favourable to the applicant. Subordinate instruments, such as the regulations, extend and detail the application of the Act by specifying the fee structure and conditions for refund.
Key Provisions
The key provisions of the Administrative Appeals Tribunal Regulations (Amendment) 1987 No. 23 involve the introduction of a new fee structure for applications made to the Administrative Appeals Tribunal (the Tribunal) (reg 19). This amendment to the Administrative Appeals Tribunal Regulations is effective from 1 March 1987 (reg 1). Regulation 19 states that a fee of $200 is payable for applications to the Tribunal for review of decisions, except for certain prescribed decisions (reg 19(1)). The term "prescribed decision" includes specific decisions under various Acts such as the Compensation (Commonwealth Government Employees) Act 1971, the First Home Owners Act 1983, and others (reg 19(2)). Notably, no fee is required for requests to refer decisions to the Tribunal if a fee is already payable under another enactment (reg 19(3)). Additionally, if an application is made and the proceeding terminates favourably for the applicant, the full fee is refunded (reg 20).
Under these regulations, entities and individuals lodging applications with the Tribunal must ensure compliance with the new fee structure. They are required to pay the $200 fee for most applications unless the application falls within the specified classes of prescribed decisions for which no fee is required. The regulations clarify that no double payment will occur if a fee is already payable under another enactment for referring a decision to the Tribunal (reg 19(3)). Furthermore, the refund process for the fee is outlined, ensuring that applicants who are successful in their proceedings will receive a full refund of the fee they initially paid (reg 20).
The regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance with the fee provisions. However, the absence of a fee payment for prescribed decisions suggests that failure to adhere to the fee requirements could result in administrative consequences, such as the Tribunal dismissing applications that do not comply with the new fee structure. While the regulations do not state maximum penalties, non-compliance may lead to the application being deemed invalid or subject to administrative review. The potential consequences underscore the importance of adhering to the new fee requirements set forth by the regulations.