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 legislative changes that had occurred in 1999, which resulted in decisions formerly made under the Social Security Act 1991 now being made under other legislation. This change necessitated an update to the Administrative Appeals Tribunal Regulations 1976, ensuring that the exemptions from Tribunal application fees were correctly aligned with the current legislative framework. The Regulations were made under the authority of the Attorney-General, in accordance with section 70 of the Administrative Appeals Tribunal Act 1975, which allows the Governor-General to make regulations prescribing fees for applications to the Tribunal. The policy objective of the Amendment Regulations is to maintain the exemption from application fees for review of decisions that were previously made under the Social Security Act 1991, now ensuring these exemptions apply to decisions made under the new social security and family assistance laws.
Scope and Application
The Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1) amend the Administrative Appeals Tribunal Regulations 1976 to update the list of decisions for which applicants are exempt from fees when seeking a review through the Administrative Appeals Tribunal. Specifically, the Regulations remove references to decisions made under the Social Security Act 1991 and instead include decisions made under the Social Security (Administration) Act 1999, the Social Security (International Agreements) Act 1999, and the A New Tax System (Family Assistance) Act 1999, as well as associated acts and regulations that form the social security and family assistance laws. These Regulations ensure that applicants seeking to review decisions related to social security and family assistance matters are not required to pay application fees, aligning with the existing framework for fee exemptions. The Regulations commence on gazettal and are designed to streamline the process for individuals seeking reviews of certain statutory decisions without the burden of application fees.
Key Provisions
The Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1) (the Regulations) amend the Administrative Appeals Tribunal Regulations 1976 (the principal Regulations). The main operative sections of the Regulations are Regulation 3, which amends the principal Regulations as detailed in Schedule 1. Specifically, Schedule 1, Item 1 removes the reference to the Social Security Act 1991 in Item 1 of Schedule 3, while Schedule 1, Item 2 inserts a new item 1A in Schedule 3 that specifies decisions made under the family assistance law, and Schedule 1, Item 3 inserts a new item 9A in Schedule 3 that specifies decisions made under the social security law. These amendments ensure that the exemptions from application fees for review of decisions formerly made under the Social Security Act 1991 continue to apply.
The Regulations impose obligations on the parties or entities they govern by amending the principal Regulations to specify which decisions made under the family assistance law and the social security law are exempt from application fees for review by the Administrative Appeals Tribunal. These obligations ensure that applicants who need to review decisions made under these laws can do so without incurring application fees, subject to certain exceptions, such as cases of hardship or for applicants in certain categories.
The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the amended principal Regulations could potentially result in legal consequences for parties or entities governed by these regulations, particularly if they incorrectly charge application fees to applicants who should be exempt. The primary consequence would be the need to refund any fees improperly charged to eligible applicants, as well as potential reputational damage and increased scrutiny from regulatory bodies. The maximum penalties for such breaches would depend on the specific circumstances and any relevant legislation that may apply.