Tribunals & Public Sector Appeals
5. AAT Procedure
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 06 Sep 2015
- The amount of time it takes for the Administrative Appeals Tribunal (AAT) to complete a review varies from case to case. However the AAT aims to finalise cases within 12 months.
- After an application is lodged:
- The AAT will notify the applicant and the person or agency that made the decision (the decision-maker or respondent) that the application has been received by the AAT and will explain the next steps.
- The respondent has 28 days to provide the AAT and the applicant with a statement of reasons for their decision and all the documents they consider relevant to the review.
- The documents relevant to the review are called the 'Section 37 Documents' or the 'T Documents'.
- These documents will usually be posted to the applicant.
- The applicant should take these documents to any conferences or meetings with the tribunal or their legal representative.
- Preliminary hearing:
- A review of the decision may not begin immediately if there are preliminary issues for the AAT to consider.
- Preliminary issues may include:
- a request for an extension of time by either party;
- a request to stay (pause) the decision under review or to prevent the decision being acted on until after the appeal hearing;
- confidentiality orders are being sought; or
- questions arise about the AAT’s jurisdiction (authority) to hear the application.
- Preliminary conference:
- The tribunal will usually hold an informal meeting or preliminary conference approximately 6 – 10 weeks after the application is lodged.
- At this preliminary conference the applicant and respondent can discuss and identify the issues in dispute and potentially negotiate a settlement of the matter.
- Many cases are finalised at this stage.
- Conferences will be held in private and anything said or done at them cannot be used in any other hearing unless both parties agree otherwise.
- The conference can either be in person or by telephone.
- Second preliminary conference or alternative dispute resolution conference:
- The AAT may hold a follow up conference or another type of meeting such as a form of alternative dispute resolution. This may be a conciliation, mediation, case appraisal or neutral evaluation depending on the circumstances and the nature of the case.
- If an application is not resolved during the conference then mediation offers an alternative to holding a hearing.
- Both parties must agree to participate in a mediation.
- Mediation involves a neutral third party called the mediator trying to help the parties settle their case.
- It is entirely voluntary and the mediator will not make any decision regarding the dispute or tell the parties what to do.
- If the matter cannot be resolved at mediation it will proceed to a hearing.
- Resolution:
- There are several ways in which a matter may be resolved following a conference or mediation.
- The applicant can withdraw the application in writing or the parties may come up with an agreement about the matter.
- If an agreement is reached the parties may ask the tribunal to make an official decision in accordance with the agreement.
- Directions hearing:
- Directions hearings are simply a meeting where the tribunal gives the parties orders about how the hearing will proceed.
- Directions hearings deal with procedural matters in relation to an application such as when evidence needs to be supplied by or obtaining expert reports. Directions hearings can be held at any time.
- Directions hearings may also be held to advance a matter where a party has failed to comply with tribunal requirements.
- Hearing:
- If a settlement is not possible the application will then be given a hearing date. The case will be heard by one to three members (tribunal decision-makers) who will make a decision on the matter.
- At a hearing:
- parties and witnesses will appear before a member;
- parties may be represented by a lawyer;
- hearings are normally open to the public but they may be held in private if there is good reason to do so; and
- a decision may be ‘made on the papers’. This means the tribunal will make its decision based on the written evidence before it. This avoids the expense of a hearing where witnesses must be called and cross-examined. Both parties must agree to this.
- Decision:
- At the end of the hearing the tribunal will either:
- provide its decision immediately (verbally); or
- reserve its decision which means that it will provide its decision at a later date in writing. This will include the provision of written reasons explaining why the decision was made.
View more Information on Special Types of Practice