Administrative Appeals Tribunal Act 1975 (Repealed)

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 1 - Applications for review of decisions  

SECTION 29   MANNER OF APPLYING FOR REVIEW  

29(1)    
An application to the Tribunal for a review of a decision -

(a)    must be made:

(i) in writing; or

(ii) if the decision is reviewable in the Social Services and Child Support Division - in writing or by making an oral application in person at, or by telephone to, a Registry of the Tribunal; and

Note:

For oral applications, see also section 29AA .

(b)    must be accompanied by any prescribed fee; and

(c)    unless paragraph (ca) or (cb) applies or the application was oral - must contain a statement of the reasons for the application; and

(ca)    in respect of an application made under subsection 54(1) or 83B(1) of the Australian Security Intelligence Organisation Act 1979 for review of a security assessment or a security clearance suitability assessment - must be accompanied by:

(i) a copy of the assessment or suitability assessment as given to the applicant; and

(ii) a statement indicating any part or parts of the assessment or suitability assessment with which the applicant does not agree and setting out the grounds on which the application is made; and

(cb)    in respect of an application under subsection 54(2) or 83B(2) of the Australian Security Intelligence Organisation Act 1979 - must be accompanied by a statement setting out the grounds on which the application is made;

(d)    if the terms of the decision were recorded in writing and set out in a document that was given to the applicant or the decision is deemed to be made by reason of the operation of subsection 25(5) or (5A) - shall be lodged with the Tribunal within the prescribed time.

Note:

Paragraph 33(1)(c) provides that the Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate.

29(1A)   Address at which documents may be given.  

If, in an application, a person does not provide an address at which documents in relation to the proceeding may be given, any address of the person shown in the application, or later notified to the Tribunal as an address at which such documents may be given, is taken to be an address provided by the person at which such documents may be given.

29(1B)    
(Repealed by No 60 of 2015)

29(2)   Prescribed time for making applications - general.  

Subject to subsection (3), the prescribed time for the purposes of paragraph (1)(d) is the period commencing on the day on which the decision is made and ending on the twenty-eighth day after -

(a)    if the decision sets out the findings on material questions of fact and the reasons for the decision - the day on which a document setting out the terms of the decision is given to the applicant; or

(b)    if the decision does not set out those findings and reasons -

(i) if a statement in writing setting out those findings and reasons is given to the applicant otherwise than in pursuance of a request under subsection 28(1) not later than the twenty-eighth day after the day on which a document setting out the terms of the decision is given to the applicant - the day on which the statement is so given;

(ii) if the applicant, in accordance with subsection 28(1) , requests the person who made the decision to give a statement as mentioned in that subsection - the day on which the statement is given or the applicant is notified in accordance with subsection 28(3A) that the statement will not be given; or

(iii) in any other case - the day on which a document setting out the terms of the decision is given to the applicant.

29(3)   Prescribed time for making applications - decision-maker ' s failure to meet deadline.  

In the case of a decision that is deemed to be made by reason of the operation of subsection 25(5) or (5A) , the prescribed time for the purposes of paragraph (1)(d) is the period commencing on the day on which the decision is deemed to be made and ending -

(a)    in a case to which paragraph (b) does not apply - on the twenty-eighth day after that day; or

(b)    in the case where the person whose failure to do an act or thing within a particular period is deemed by subsection 25(5) or (5A) to constitute the making of the decision makes or purports to make, after the expiration of that period, a decision either to do or not to do that act or thing, being a decision the terms of which were recorded in writing and set out in a document that was given to the applicant - on the twenty-eighth day after -

(i) if the decision sets out the findings on material questions of fact and the reasons for the decision - the day on which a document setting out the terms of the decision is given to the applicant; or

(ii) if the decision does not set out those findings and reasons - the day that would be ascertained under paragraph (2)(b) if subsection (2) were applicable in relation to the decision.

29(4)   What happens if there is no prescribed time for making applications.  

Where -

(a)    no time is prescribed for the lodging with the Tribunal of applications for review of a particular decision; or

(b)    no time is prescribed for the lodging with the Tribunal by a particular person of an application for a review of a particular decision,

and the Tribunal is of the opinion that the application was not lodged within a reasonable time after the decision was made, the Tribunal shall, subject to subsection (6) -

(c)    in a case to which paragraph (a) applies - refuse to entertain an application for a review of the decision referred to in that paragraph; or

(d)    in a case to which paragraph (b) applies - refuse to entertain an application by the person referred to in that paragraph for a review of the decision so referred to.

29(5)    
In forming an opinion for the purposes of subsection (4) , the Tribunal shall have regard to -

(a)    the time when the applicant became aware of the making of the decision; and

(b)    in a case to which paragraph (4)(b) applies - the period or periods prescribed for the lodging by another person or other persons of an application or applications for review of the decision,

and may have regard to any other matters that it considers relevant.

29(6)    
Notwithstanding subsection (4) , the Tribunal may entertain an application referred to in that subsection if it is of the opinion that there are special circumstances that justify it in doing so.

29(7)   Tribunal may extend time for making application.  

The Tribunal may, upon application in writing by a person, extend the time for the making by that person of an application to the Tribunal for a review of a decision (including a decision made before the commencement of this section) if the Tribunal is satisfied that it is reasonable in all the circumstances to do so.

29(8)    
The time for making an application to the Tribunal for a review of a decision may be extended under subsection (7) although that time has expired.

29(9)    
Before the Tribunal determines an application for an extension of time, the Tribunal or an officer of the Tribunal may:

(a)    give notice of the application to any persons the Tribunal or officer considers to be affected by the application; or

(b)    require the applicant to give notice to those persons.

29(10)    
If a person to whom a notice is given under subsection (9) , within the prescribed time after the notice is received by him or her, gives notice to the Tribunal stating that he or she wishes to oppose the application, the Tribunal shall not determine the application except after a hearing at which the applicant and any person who so gave notice to the Tribunal are given a reasonable opportunity of presenting their respective cases.

29(11)    
(Repealed by No 60 of 2015)