Administrative Law

Administrative Tribunals

Merits Review of Administrative Decisions

People who have been affected by decisions of the Commonwealth or ACT Governments or their agencies may be able to seek review of those decisions in an administrative tribunal. These tribunals have been created to provide an independent forum for review of the original decisions made by agency decision-makers. Administrative tribunals generally aim to provide a quick, fair and low cost review of administrative decisions. Appeals to these tribunals are brought "on their merits" which means that each tribunal can take a fresh look at the relevant facts and the relevant law and make up its own mind as to the exercise of any discretion. Any new evidence or arguments will be taken into account, unless this is excluded by the legislation establishing the role of the particular tribunal.

Some of the administrative tribunals established by the Commonwealth Government include the:

• Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT);
• Social Security Appeals Tribunal (SSAT);
• Veterans' Review Board (VRB); and
• Administrative Appeals Tribunal (AAT).

The principal administrative tribunal established by the ACT Government is the ACT Civil and Administrative Tribunal (ACAT) which commenced operation on 2 February 2009.

Most (but not all) State governments have administrative tribunals authorised to review administrative decisions of that government. These include the:

• NSW Administrative Decisions Tribunal (ADT);
• Queensland Civil and Administrative Tribunal (QCAT);
• Victorian Civil and Administrative Tribunal (VCAT); and
• WA State Administrative Tribunal (SAT).

Migration Review Tribunal and Refugee Review Tribunal

The Migration Review Tribunal (the MRT) and the Refugee Review Tribunal (the RRT) provide an independent and final merits review of decisions made in relation to visas to travel to, enter or stay in Australia. The MRT reviews decisions made in respect of general visas (eg. visitor, student, partner, family, business, skilled visas) and the RRT deals with decisions made in respect of protection (refugee) visas.

The Tribunals are established under the Migration Act 1958 (Cth) and the Tribunals' jurisdiction and powers are set out in the Migration Act and in the Migration Regulations 1994. All Members and staff are cross-appointed to both Tribunals and the Tribunals operate as a single agency for the purposes of the Financial Management and Accountability Act 1997 (Cth).

For further discussion of the MRT and the RRT, see ImmigrationRefugeesAndCitizenship.

Social Security Appeals Tribunal

The Social Security Appeals Tribunal (SSAT) is continued in existence by Part 4 and Schedule 3 of the Social Security (Administration) Act 1999 (Cth), with effect from 20 March 2000. It was previously constituted under the repealed Social Security Act 1947 (Cth) (until 30 June 1991) and by former Part 6.2 of the Social Security Act 1991 (Cth) (until 19 March 2000).

The SSAT is the first level of external review of decisions made by Centrelink about social security, family assistance, education or training payments. As of 1 January 2007, the Tribunal is also the first level of external review of most decisions made by the Child Support Agency.

The SSAT's statutory objective is to provide a mechanism of review that is fair, just, economical, informal and quick.

Decisions of the SSAT generally are appellable to the AAT.

For further discussion of the SSAT, see SocialSecurityAndFamilyAssistance.

Veterans' Review Board

The Veterans' Review Board (VRB) is an independent Commonwealth tribunal that exists to review:

• decisions made by the Repatriation Commission under the Veterans' Entitlements Act 1986 (Cth) ('the VEA') on:

claims for acceptance of injury or disease as war-caused or defence-caused;

claims for war widows', war widowers' and orphans' pensions;

assessment of pension rate for incapacity from war-caused or defence-caused injury or disease; and

claims for the grant, or assessment of, attendant allowance; and

• determinations under the Military Rehabilitation and Compensation Act 2004 (Cth) made by:

the Military Rehabilitation & Compensation Commission; and

the Service Chiefs of the Australian Army, the Royal Australian Navy, and the Royal Australian Air Force.

The VRB is constituted under Part IX of the VEA and is a successor to the Repatriation Review Tribunal.

Decisions of the VRB generally are appealable to the AAT.

For further discussion of the VRB, see VeteransEntitlements.