ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

Table of Provisions

• Long Title

PART I--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 2A Tribunal's objective  
• 3 Interpretation  
• 4 Extension to external Territories  

PART II--ESTABLISHMENT--OF THE ADMINISTRATIVE APPEALS TRIBUNAL

Division 1--Establishment of Tribunal

• 5 Establishment of Tribunal  
• 5A Membership  

Division 2--Members of Tribunal

• 6 Appointment of members of Tribunal  
• 7 Qualifications for appointment  
• 7A Appointment of a Judge as a presidential member not to affect tenure etc.  
• 8 Term of appointment  
• 9 Remuneration and allowances  
• 10 Acting appointments  
• 10A Delegation  
• 10B Oath or affirmation of office  
• 11 Outside employment  
• 12 Leave of absence  
• 13 Termination of appointment (not Judges)  
• 14 Disclosure of interests by members  
• 15 Resignation  

PART III--ORGANISATION--OF THE TRIBUNAL

Division 1--Divisions of the Tribunal

• 17A Divisions of the Tribunal  
• 17B Allocation of business to Divisions  
Subdivision B--Assignment of members to Divisions
• 17C Assignment of members to Divisions  
• 17CA Assignment to Freedom of Information Division  
• 17D Assignment to Migration and Refugee Division  
• 17E Assignment to National Disability Insurance Scheme Division  
• 17F Assignment to Security Division  
• 17G Assignment to Social Services and Child Support Division  
• 17H Assignment to Taxation and Commercial Division  
• 17J Validity  
Subdivision C--Division heads and Deputy Division heads
• 17K Division heads  
• 17L Deputy Division heads  

Division 2--Arrangement of business of Tribunal

• 18A Arrangement of business  
• 18B President's directions--arrangement of business  
• 18C Sittings of Tribunal  

Division 3--Constitution of Tribunal

• 19A President's directions--constitution  
• 19B Constitution  
• 19C Constitution for review of taxing of costs  
• 19D Reconstitution  
Subdivision B--Security Division
• 19E Constitution of Security Division  
• 19F Constitution of Security Division for proceedings to review certain Archives decisions  

PART IIIA--MANAGEMENT--OF THE TRIBUNAL

Division 1--Management responsibilities of President and Registrar

• 24A Management of administrative affairs of Tribunal  
• 24B Registrar of the Tribunal  

Division 1A--Application of the finance law

• 24BA Application of the finance law  

Division 2--Appointment, powers etc. of Registrar

• 24C Appointment of Registrar  
• 24D Powers of the Registrar  
• 24E Remuneration of Registrar  
• 24F Terms and conditions of appointment of Registrar  
• 24G Leave of absence  
• 24H Resignation  
• 24J Outside employment of Registrar  
• 24K Termination of appointment  
• 24L Disclosure of interests by Registrar  
• 24M Acting Registrar  

Division 3--Other officers and staff of Tribunal

• 24N Staff  
• 24P Functions of officers and staff members of the Tribunal  
• 24PA Officers of the Tribunal  
• 24Q Engagement of consultants etc.  

Division 4--Miscellaneous administrative matters

• 24R Annual report  
• 24W Proceedings arising out of administration of Tribunal  

PART IV--REVIEWS--BY THE TRIBUNAL OF DECISIONS

Division 1A--Scope of operation of this Part

• 24Z Scope of operation of this Part  

Division 1--Applications for review of decisions

• 25 Tribunal may review certain decisions  
• 26 Restriction on powers of decision - maker after application for review is made  
• 27 Persons who may apply to Tribunal  
• 27AA Applications to Tribunal under Australian Security Intelligence Organisation Act  
• 27A Notice of decision and review rights to be given  
• 27B Review--Code of Practice  
• 28 Person affected by decision may obtain reasons for decision  
• 29 Manner of applying for review  
• 29AA Oral applications  
• 29AB Insufficient statement of reasons for application  
• 29AC Notice of application  
• 29B Notice of application under Australian Security Intelligence Organisation Act  

Division 2--Parties and procedure

• 30 Parties to proceeding before Tribunal  
• 30A Intervention by Attorney - General  
• 31 Tribunal to determine persons whose interests are affected by decision  
• 32 Representation before Tribunal  
• 33 Procedure of Tribunal  
• 33A Participation by telephone etc.  

Division 3--Alternative dispute resolution processes

• 34 Scope of Division  
• 34A Referral for alternative dispute resolution process  
• 34D Agreement about the terms of a decision etc.  
• 34E Evidence not admissible  
• 34F Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal  
• 34H Engagement of persons to conduct alternative dispute resolution processes  

Division 4--Hearings and evidence

• 34J Circumstances in which hearing may be dispensed with  
• 35 Public hearings and orders for private hearings, non - publication and non - disclosure  
• 35AA Orders for non - publication and non - disclosure--certain Security Division proceedings  
• 36 Disclosure not required: Attorney - General's public interest certificate  
• 36A Answering questions where Attorney - General intervenes on public interest grounds  
• 36AA Interpretation of sections 36B, 36C and 36D  
• 36B Disclosure not required: State Attorney - General's public interest certificate  
• 36C Answering questions where State Attorney - General intervenes on public interest grounds  
• 36D Public interest questions under sections 36, 36A and 36C  
• 37 Lodging of material documents with Tribunal  
• 38 Power of Tribunal to obtain additional statements  
• 38AA Ongoing requirement for lodging material documents with Tribunal  
• 38A Director - General of Security to lodge certain material with Tribunal  
• 39 Rights of parties to present case--Divisions other than Security Division  
• 39AA Submissions by agency party in Social Services and Child Support Division  
• 39A Procedure in Security Division review of security assessment  
• 39BA Procedure in Security Division review of security clearance decision or security clearance suitability assessment  
• 39B Certain documents and information not to be disclosed in certain Security Division reviews  
• 39C Review of security clearance decisions and security clearance suitability assessments--consideration and disclosure of certain documents and information  

Division 5--Procedural powers of Tribunal

• 40 Powers of Tribunal etc.  
• 40A Power to summon person to give evidence or produce documents  
• 40B Inspection of documents produced under summons  
• 41 Operation and implementation of a decision that is subject to review  
• 42 Resolving disagreements  
• 42A Discontinuance, dismissal, reinstatement etc. of application  
• 42B Power of Tribunal if a proceeding is frivolous, vexatious etc.  
• 42C Power of Tribunal if parties reach agreement  
• 42D Power to remit matters to decision - maker for further consideration  

Division 6--Tribunal's decision on review

• 43 Tribunal's decision on review  

Division 7--Miscellaneous

• 43AAA Findings of Tribunal in Security Division review of security assessment  
• 43AAB Findings of Tribunal in Security Division review of security clearance decision or security clearance suitability assessment  
• 43AA Correction of errors in decisions or statement of reasons  

PART IVA--APPEALS--AND REFERENCES OF QUESTIONS OF LAW TO THE FEDERAL COURT OF AUSTRALIA

• 43B Part applies whether Tribunal's power conferred by an enactment or by a law of a State  
• 43C Part does not apply in relation to certain migration decisions  
• 44 Appeals to Federal Court of Australia from decisions of the Tribunal  
• 44AAA Appeals to Federal Circuit and Family Court of Australia (Division 2) from decisions of the Tribunal in relation to child support first reviews  
• 44AA Transfer of appeals from Federal Court to Federal Circuit and Family Court of Australia (Division 2)  
• 44A Operation and implementation of a decision that is subject to appeal  
• 45 Reference of questions of law to Federal Court of Australia  
• 46 Sending of documents to, and disclosure of documents by, the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)  

PART V--ADMINISTRATIVE--REVIEW COUNCIL

• 47 Interpretation  
• 48 Establishment of Council  
• 49 Composition of Council  
• 50 Qualifications for appointment  
• 51 Functions and powers of Council  
• 51A Minister may give directions to the Council  
• 51B Minister may refer matters to the Council  
• 51C Reports by the Council  
• 52 Period of appointment  
• 53 Remuneration and allowances  
• 54 Resignation  
• 55 Removal from office  
• 56 Meetings  
• 57 Staff of Council  
• 58 Annual Report  

PART VI--MISCELLANEOUS

• 59 Advisory opinions  
• 59A Authorised members  
• 59B Authorised officers  
• 60 Protection and immunity  
• 61 Failure to comply with summons  
• 62 Refusal to be sworn or to answer questions  
• 62A False or misleading evidence  
• 62B Extended operation of certain provisions  
• 62C Breach of non - disclosure order  
• 63 Contempt of Tribunal  
• 64 Registries  
• 66 Confidential information not to be disclosed  
• 66A Application of confidentiality provisions in other Acts  
• 66B Publication of Tribunal decisions  
• 67 Fees for compliance with summons  
• 67A Giving of notices  
• 68 Giving documents  
• 68AA President's directions  
• 68A Calculation of short periods of time  
• 69 Legal assistance  
• 69A Procedure for taxing costs  
• 69B Costs in certain Security Division reviews  
• 69BA Termination of certain applications  
• 69C Dismissal of application for non - payment of application fee  
• 70 Regulations  
• SCHEDULE 2