Commonwealth Consolidated Acts

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

              Subdivision A--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

              Subdivision A--General

   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