Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 NO. 348

STATUTORY RULES 1997 No. 348

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT)

Subsection 70(1) of the Administrative Appeals Tribunal Act 1975 ('the Act') empowers the GovernorGeneral to make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The purpose of the Regulations is to update the Regulations to take account of amendments to the Act, to implement changes requested by the Standing Committee on Regulations and Ordinances and to update the Forms used in the Tribunal by providing more information about the meaning of the Forms to those affected by them

Details of the Regulations are as follows:

Regulation 1 - Amendment

Regulation 1 provides that the Administrative Appeals Tribunal Regulations are amended as set out in these Regulations.

Regulation 2 - Regulation 3 (Addition of 'District Registrar')

The existing Regulations refer to the positions of "Registrar" and "Deputy Registrar". The new classification of "District Registrar" was created by amendments to the Act effected by the Law and Justice Legislation Amendment Act (No. 1) 1995 ('LAJLAA').

Regulation 2 amends subregulation 3 (2) of the Regulations by omitting the existing subregulation 3 (2) and substituting a new subregulation 3 (2) which adds a reference to "District Registrar".

Regulation 3 - Regulation 5 ("shall" becomes "may")

The existing Regulation 5 (4) states that Notice (to the Tribunal) of a party's opposition to an application for extension of time for making application for review of a decision "shall" be given by lodging with the Registrar a notice in writing in accordance with Form 3.

Regulation 3, paragraph 3.1 omits from the existing subregulation 5 (4) the word "shall" and substitutes the word "may" to make it clear that use of Form 3 is discretionary rather than mandatory. The legislative basis for Regulation 5 (4) is subsection 29 (10) of the Act.

Regulation 3, paragraph 3.2 adds to subregulation 5 (6) the words "of the Act" after "subsection 37 (1A)".

Regulation 4 - Regulation 9 (electronic mail)

The existing subregulation 9 (3) provides that, for the purposes of subsection 68 (2) of the Act, a document may be lodged with the Registrar by facsimile transmission. Subsection 68(2) of the Act allows documents to be lodged by electronic transfer.

Regulation 4 amends subregulation 9 (3) by inserting the words "or electronic mail" after the word "transmission".

Regulation 5 - Regulation 11 (repealed)

The existing Regulation 1.1 prescribes the number of copies required for the purposes of s.37(1) of the Act. However subsection 37(1) of the Act has been amended to state how many copies are required. Hence Regulation 11 is now unnecessary.

Regulation 5 repeals the existing Regulation 11.

Regulation 6 - Regulation 17 (repealed)

The existing Regulation 17 sets out the opening hours of Tribunal registries and defines public holidays by reference to section 76 of the Public Service Act 1922. That section has been repealed.

Regulation 6 repeals the existing Regulation 17. The hours of opening of the Tribunal registries remains unchanged.

Regulation 7 - Regulation 20 (review by Tribunal)

Existing subregulations 19(5) and 19AA(5) provide for a Registrar, a District Registrar or a Deputy Registrar to order that, in certain circumstances, only one fee is payable in relation to two or more applications for which the same fee is payable. Existing subregulation 20(1) provides for the review, by the Administrative Appeals Tribunal, of a decision by the Registrar, a District Registrar or a Deputy Registrar not to waive payment of a fee.

Regulation 7 provides for the review, by the Administrative Appeals Tribunal, of a decision of the Registrar, District Registrar or a Deputy Registrar not to order that only one fee is payable, under subregulation 19(5) and subregulation 19AA(5).

Regulation 8 - Schedule 1 (new and revised Forms)

Schedule 1 of the Act contains Forms which are used in proceedings under the Act.

Regulation 8, paragraph 8. 1, repeals Forms 1, 2, 3, 4, 5, 5A, 6 and 6A and substitutes new Forms as set out in the Schedule to the Regulations. The Forms are designed to be clearer in their instructions for the benefit of witnesses and unrepresented applicants.

In addition, the following revisions are made by Regulation 8 to Forms 7, 8 and 9 in Schedule 1.

Regulation 8, paragraph 8.2, omits the words "Member/Registrar/Deputy Registrar" where they appear in Form 7 and substitutes the words "Member Registrar/District Registrar/Deputy Registrar".

Regulation 8, paragraph 8.2, also omits the Note that appears at the end of the existing Form 7 and substitutes a new Note, which makes it clearer that a person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal.

Regulation 8, paragraph 8.3 omits the words "Member/Registrar/Deputy Registrar" where they appear in Form 8 and substitutes the words "Member Registrar/District Registrar/Deputy Registrar".

Regulation 8, paragraph 8.3, also omits the Note that appears at the end of the existing Form 8 and substitutes a new Note which makes it clearer that a person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal.

Regulation 8, paragraph 8.4, omits the words "Member/Registrar/Deputy Registrar" where they appearing Form 9 and substitutes the words "Member Registrar/District Registrar/Deputy Registrar".

Regulation 8, paragraph 8.4, also omits the Note that appears at the end of the existing Form 9 and substitutes a new Note which makes it clearer that a person summoned to produce documents before the Tribunal may, instead of attending at the hearing to produce the books, produce them to a member of staff of the Tribunal at the place of the hearing not later than 4.00pm on the day before the day specified in Form 9. The Note also states that if it is difficult for the person summonsed to produce documents to get to the Tribunal before 4pm on the day before the day specified in Form 9, the person should contact the Tribunal to make other delivery arrangements.

Regulation 9 - Schedule 3 (update name of Act)

The existing Schedule 3, Item 11 refers to the Student Assistance Act 1973. The name of this Act has been changed to the Student and Youth Assistance Act 1973 by the Student Assistance (Youth Training Allowance) Amendment Act 1994.

Regulation 9 omits the words "Student Assistance Act 1973" and substitutes the words "Student and Youth Assistance Act 1973".