What is an Administrative Appeal Tribunal Hearing?
The hearing is where you and NDIA each have the opportunity to tell your side of the case to an AAT member.
Your contact officer will contact you seven to 14 days prior to the hearing to confirm the time, date and location of the hearing.
Fourteen days prior to the hearing you are required to have provided the AAT and the NDIA with any additional information or evidence you want them to consider.
If you’d like to submit a written summary of your position, you need to provide this to the AAT and the NDIA at least seven days prior to the hearing.
You must also make sure any witnesses who will give evidence on your behalf at the hearing will be available on the day and at the time of the hearing. If they can’t be there it’s important that a written copy of their evidence is provided to the AAT and the NDIA 14 days prior to the hearing.
What happens at the hearing?
After listening to each side, asking questions, seeking clarification and reviewing all the information provided to them by both parties, the AAT member will make a decision.
The decisions the AAT member can make are to:
- Affirm the decision–this means the decision is not changed; or
- Vary the decision – this means part of the decision is changed; or
- Set aside the decision and make a new decision in its place or they can send the decision back to the NDIA to make a new decision.
The AAT member will give you a decision at the hearing if that’s possible. If the decision can’t be made immediately they will send it to you as soon as possible and no later than 60 days after the hearing.
I disagree with the AAT’s decision, can I appeal this?
You have 28 days to lodge and appeal with the Federal Court. If you decide you want to lodge an appeal with the Federal Court, it’s advisable to get legal assistance before doing this, as there are many rules about Federal Court appeals.
What happens if the NDIA does not do what the AAT ordered?
The NDIA has 28 days to appeal to Federal Court if it thinks the AAT’s decision is wrong.
If the NDIA has not complied with an AAT decision during this time, it might be because it’s considering an appeal to the Federal Court.
If the 28-day appeal period has expired and the NDIA has not done what the AAT said it is to do, contact the person who represented the NDIA at the hearing. They should be able to find out what is happening and explain why there might be a delay.
If you’re not sure whom to contact, call the AAT and they will help you. If there has been no appeal and you are unhappy about the delay, you can seek the assistance of the Commonwealth Ombudsman.
You can contact the Commonwealth Ombudsman on 1300 362 072 or you can make your complaint online. The AAT may also be able to help you with this as well as any support people that assisted you with your AAT Review.