Appendix 4: Additional caseload statistics
Additional caseload statistics
This appendix contains the following tables providing additional information about the AAT’s activities:
- Applications lodged and applications finalised, 2018–19
- Outcomes of reviews – Proportion of applications in relation to which the AAT has changed the decision under review, 2017–18 to 2018–19
- Outcomes of applications for review of decisions – By division and major areas of work within divisions, 2018–19
- Number of alternative dispute resolution processes, directions hearings and hearings, 2017–18 to 2018–19
- Court appeals lodged and finalised – By division and major areas of work within divisions, 2018–19
Applications lodged and applications finalised, 2018–19
APPLICATIONS LODGED |
APPLICATIONS FINALISED |
|||
---|---|---|---|---|
No |
% of total |
No |
% of total |
|
APPLICATIONS FOR REVIEW OF DECISIONS UNDER COMMONWEALTH LAWS – BY AUSTRALIAN GOVERNMENT PORTFOLIO |
||||
AGRICULTURE |
||||
Agricultural and veterinary chemicals |
1 |
1 |
||
Biosecurity |
2 |
3 |
||
Meat and live-stock |
2 |
0 |
||
Subtotal |
5 |
<1% |
4 |
<1% |
ATTORNEY-GENERAL’S |
||||
Archives (other than decisions relating to ASIO records) |
5 |
4 |
||
Archives decisions relating to ASIO records |
1 |
0 |
||
ASIO security assessments |
13 |
13 |
||
Bankruptcy |
14 |
13 |
||
Fair entitlements guarantee |
29 |
37 |
||
Freedom of information |
33 |
25 |
||
Marriage celebrants |
18 |
18 |
||
Personal property securities |
3 |
3 |
||
Privacy |
2 |
3 |
||
Safety, Rehabilitation and Compensation Act 1988 (other than defence-related claims) |
1,337 |
1,588 |
||
Seafarers rehabilitation and compensation |
31 |
45 |
||
Waiver of fees in courts |
4 |
4 |
||
Subtotal |
1,490 |
2% |
1,753 |
4% |
COMMUNICATIONS AND THE ARTS |
||||
Communications and media |
3 |
2 |
||
National Library of Australia regulation |
0 |
1 |
||
Protection of movable cultural heritage |
0 |
1 |
||
Tax offset for films |
1 |
1 |
||
Subtotal |
4 |
<1% |
5 |
<1% |
DEFENCE |
||||
Defence home ownership assistance scheme |
2 |
2 |
||
Defence Force retirement and death benefits |
4 |
5 |
||
Subtotal |
6 |
<1% |
7 |
<1% |
EDUCATION |
||||
Child care services/registered carers |
23 |
29 |
||
Education services for overseas students |
101 |
61 |
||
Higher Education Loan Program/VET Student Loans |
72 |
64 |
||
Tertiary education quality and standards |
4 |
10 |
||
Subtotal |
200 |
<1% |
164 |
<1% |
EMPLOYMENT, SKILLS, SMALL AND FAMILY BUSINESS |
||||
Australian Small Business and Family Enterprise Ombudsman – Publication of information |
1 |
1 |
||
Mutual recognition of occupations |
23 |
31 |
||
National vocational education and training regulation |
285 |
189 |
||
Trans-Tasman mutual recognition |
0 |
1 |
||
Subtotal |
309 |
1% |
222 |
<1% |
ENVIRONMENT AND ENERGY |
||||
Clean energy regulation |
2 |
4 |
||
Environment protection and biodiversity |
1 |
2 |
||
Great Barrier Reef Marine Park |
0 |
2 |
||
Subtotal |
3 |
<1% |
8 |
<1% |
FINANCE |
||||
Electoral matters |
1 |
1 |
||
Lands acquisition |
3 |
2 |
||
Subtotal |
4 |
<1% |
3 |
<1% |
FOREIGN AFFAIRS AND TRADE |
||||
Export market development grants |
4 |
10 |
||
Passports |
8 |
15 |
||
Subtotal |
12 |
<1% |
25 |
<1% |
HEALTH |
||||
Aged care |
31 |
28 |
||
Food standards |
2 |
0 |
||
Medicare |
1 |
1 |
||
Narcotic drugs |
0 |
1 |
||
Pharmacists |
11 |
4 |
||
Sports anti-doping matters |
1 |
0 |
||
Therapeutic goods |
0 |
4 |
||
Subtotal |
46 |
<1% |
38 |
<1% |
HOME AFFAIRS |
||||
Anti-money laundering and counter-terrorism financing |
1 |
0 |
||
Aviation and maritime transport security |
2 |
1 |
||
Background checking |
3 |
5 |
||
Citizenship |
708 |
575 |
||
Customs |
18 |
21 |
||
Migration agent registration |
23 |
14 |
||
Visa-related decisions (other than relating to character) |
36,172 |
20,892 |
||
Visa-related decisions relating to character |
308 |
340 |
||
Subtotal |
37,235 |
61% |
21,848 |
49% |
INDUSTRY, INNOVATION AND SCIENCE |
||||
Industry research and development |
34 |
17 |
||
Patents, designs and trade marks |
2 |
1 |
||
Tradex order |
1 |
0 |
||
Subtotal |
37 |
<1% |
18 |
<1% |
INFRASTRUCTURE, TRANSPORT, CITIES AND REGIONAL DEVELOPMENT |
||||
Airports |
0 |
1 |
||
Civil aviation |
27 |
29 |
||
Maritime safety |
1 |
1 |
||
Motor vehicle standards |
10 |
17 |
||
Subtotal |
38 |
<1% |
48 |
<1% |
SOCIAL SERVICES |
||||
Centrelink (first review and second review) |
15,973 |
15,199 |
||
Child support (first review and second review) |
2,404 |
2,469 |
||
National Disability Insurance Scheme |
1,206 |
1,052 |
||
National rental affordability scheme |
18 |
1 |
||
Paid parental leave (first review and second review) |
279 |
259 |
||
Subtotal |
19,880 |
33% |
18,980 |
43% |
TREASURY |
||||
Auditors and liquidators registration |
2 |
2 |
||
Banking |
0 |
1 |
||
Business names registration |
8 |
13 |
||
Charities and not-for-profit entities |
3 |
0 |
||
Consumer credit |
2 |
3 |
||
Corporations and financial services |
28 |
31 |
||
Insurance and superannuation |
3 |
4 |
||
Tax agents |
28 |
17 |
||
Taxation |
791 |
646 |
||
Subtotal |
865 |
1% |
717 |
2% |
VETERANS’ AFFAIRS |
||||
Military Rehabilitation and Compensation Act 2004 |
34 |
72 |
||
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 |
76 |
125 |
||
Veterans’ entitlements |
151 |
170 |
||
Subtotal |
261 |
<1% |
367 |
<1% |
SUBTOTAL for PORTFOLIOS |
60,395 |
100% |
44,207 |
100% |
APPLICATIONS UNDER THE ADMINISTRATIVE APPEALS TRIBUNAL ACT – OTHER |
||||
Applications for extension of time without application for review |
87 |
89 |
||
Applications relating to decisions about AAT application fees |
2 |
3 |
||
Applications relating to decisions not subject to AAT review |
110 |
111 |
||
Application under the AAT Act relating to finalised cases |
1 |
2 |
||
Subtotal |
200 |
<1% |
205 |
<1% |
APPLICATIONS UNDER NORFOLK ISLAND LAWS |
||||
Planning |
0 |
1 |
||
Subtotal |
0 |
0% |
1 |
<1% |
TOTALa |
60,595 |
100% |
44,413 |
100% |
a Percentages may not total 100% due to rounding.
Outcomes of reviews – Proportion of applications in relation to which the AAT has changed the decision under review, 2017–18 to 2018–19
DIVISION/AREA OF WORK |
PROPORTION OF APPLICATIONS IN RELATION TO WHICH DECISION UNDER REVIEW CHANGEDa |
|
---|---|---|
2017–18 |
2018–19 |
|
Freedom of Information |
28% |
16% |
General |
23% |
26% |
Australian citizenship |
19% |
24% |
Centrelink (2nd review) |
21% |
19% |
Visa-related decisions relating to character |
24% |
26% |
Workers’ compensation |
27% |
33% |
Other |
18% |
23% |
Migration & Refugee |
22% |
26% |
Migration |
29% |
30% |
Refugee |
5% |
9% |
National Disability Insurance Scheme |
42% |
59% |
Security |
0% |
0% |
Small Business Taxationb |
N/A |
50% |
Social Services & Child Support |
24% |
21% |
Centrelink (1st review) |
22% |
19% |
Child support |
35% |
36% |
Paid parental leave |
9% |
8% |
Taxation & Commercial |
34% |
44% |
Taxation |
35% |
48% |
Other |
16% |
16% |
Veterans’ Appeals |
37% |
43% |
ALL AAT |
23% |
25% |
a The decision under review is treated as having been changed if the AAT varies or sets aside the decision or remits the matter to the decision-maker for reconsideration by way of a decision under section 43 of the Administrative Appeals Tribunal Act or section 349 or 415 of the Migration Act, or by way of a decision made in accordance with terms of agreement reached by the parties under section 34D or 42C of the Administrative Appeals Tribunal Act.
b The Small Business Taxation Division commenced on 1 March 2019.
Outcomes of applications for review of decisions – By division and major areas of work within divisions, 2018–19
General Division
AUSTRALIAN CITIZENSHIP |
CENTRELINK |
VISA-RELATED DECISIONS RELATING TO CHARACTER |
WORKERS’ COMPENSATION |
OTHER |
TOTAL |
|||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
|
By decisionb |
||||||||||||
Decision affirmed |
91 |
16% |
312 |
18% |
196 |
58% |
111 |
7% |
63 |
7% |
773 |
15% |
Decision varied or set aside |
33 |
6% |
93 |
5% |
76 |
22% |
100 |
6% |
32 |
4% |
334 |
7% |
Subtotal |
124 |
22% |
405 |
24% |
272 |
80% |
211 |
13% |
95 |
11% |
1,107 |
22% |
By consent |
||||||||||||
Decision affirmedc |
0 |
0% |
5 |
<1% |
0 |
0% |
528 |
32% |
6 |
<1% |
539 |
10% |
Decision varied or set asidec |
103 |
18% |
241 |
14% |
11 |
3% |
447 |
27% |
187 |
21% |
989 |
19% |
Dismissed by consentd |
7 |
1% |
21 |
1% |
2 |
<1% |
5 |
<1% |
16 |
2% |
51 |
1% |
Dismissed by operation of lawe |
0 |
0% |
402 |
24% |
0 |
0% |
N/A |
N/A |
1 |
<1% |
403 |
8% |
Subtotal |
110 |
19% |
669 |
39% |
13 |
4% |
980 |
60% |
210 |
24% |
1,982 |
39% |
Other |
||||||||||||
Withdrawn by applicant |
238 |
41% |
396 |
23% |
19 |
6% |
384 |
24% |
285 |
32% |
1,322 |
26% |
Dismissed by Tribunalf |
29 |
5% |
88 |
5% |
1 |
<1% |
36 |
2% |
68 |
8% |
222 |
4% |
No jurisdictiong |
74 |
13% |
150 |
9% |
35 |
10% |
22 |
1% |
221 |
25% |
502 |
10% |
Subtotal |
341 |
59% |
634 |
37% |
55 |
16% |
442 |
27% |
574 |
65% |
2,046 |
40% |
TOTALh |
575 |
100% |
1,708 |
100% |
340 |
100% |
1,633 |
100% |
879 |
100% |
5,135 |
100% |
a The figures in this table relate only to the outcomes of applications for review of decisions, including where a related application for extension of time is refused. [In the published version of this annual report, the note a reference appears at the end of the heading for this table: 'General Division'.]
b Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.
c Applications finalised by the AAT in accordance with terms of agreement reached by the parties either in the course of an alternative dispute resolution process (section 34D) or at any stage of review proceedings (section 42C).
d Applications dismissed by consent under section 42A(1).
e If an application for a review of a Centrelink or paid parental leave decision relates to the recovery of a debt, the parties may agree in writing to settle the proceedings. On receipt of the agreement, the application is taken to have been dismissed.
f Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).
g Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit, the AAT has refused to extend the time for applying for a review or the application fee has not been paid.
h Percentages may not total 100% due to rounding.
FOI, NDIS, Security and Veterans’ Appeals Divisions
FREEDOM OF INFORMATION |
NATIONAL DISABILITY INSURANCE SCHEME |
SECURITY |
VETERANS’ APPEALS |
|||||
---|---|---|---|---|---|---|---|---|
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
|
By decisionb |
||||||||
Decision affirmed |
8 |
25% |
12 |
1% |
1 |
8% |
36 |
10% |
Decision varied or set aside |
1 |
3% |
14 |
1% |
0 |
0% |
21 |
6% |
Subtotal |
9 |
28% |
26 |
2% |
1 |
8% |
57 |
16% |
By consent |
||||||||
Decision affirmedc |
1 |
3% |
16 |
2% |
0 |
0% |
21 |
6% |
Decision varied or set asidec |
4 |
13% |
606 |
58% |
0 |
0% |
138 |
38% |
Dismissed by consentd |
0 |
0% |
9 |
<1% |
0 |
0% |
4 |
1% |
Subtotal |
5 |
16% |
631 |
60% |
0 |
0% |
163 |
44% |
Other |
||||||||
Withdrawn by applicant |
11 |
34% |
332 |
32% |
9 |
69% |
136 |
37% |
Dismissed by Tribunale |
0 |
0% |
8 |
<1% |
1 |
8% |
5 |
1% |
No jurisdictionf |
7 |
22% |
55 |
5% |
2 |
15% |
6 |
2% |
Subtotal |
18 |
56% |
395 |
38% |
12 |
92% |
147 |
40% |
TOTALg |
32 |
100% |
1,052 |
100% |
13 |
100% |
367 |
100% |
a The figures in this table relate only to the outcomes of applications for review of decisions, including where a related application for extension of time is refused. [In the published version of this annual report, the note a reference appears at the end of the heading for this table: 'FOI, NDIS, Security and Veterans’ Appeals Divisions'.]
b Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.
c Applications finalised by the AAT in accordance with terms of agreement reached by the parties either in the course of an alternative dispute resolution process (section 34D) or at any stage of review proceedings (section 42C).
d Applications dismissed by consent under section 42A(1).
e Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).
f Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit, the AAT has refused to extend the time for applying for a review or the application fee has not been paid.
g Percentages may not total 100% due to rounding.
Migration and Refugee Division
MIGRATION |
REFUGEE |
TOTAL |
||||
---|---|---|---|---|---|---|
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
|
By decisiona |
||||||
Decision affirmedb |
5,850 |
35% |
2,360 |
57% |
8,210 |
39% |
Decision varied, remitted or set aside |
4,978 |
30% |
362 |
9% |
5,340 |
26% |
Subtotal |
10,828 |
65% |
2,722 |
66% |
13,550 |
65% |
Other |
||||||
Withdrawn by applicant |
3,719 |
22% |
418 |
10% |
4,137 |
20% |
Dismissed by Tribunalb |
888 |
5% |
195 |
5% |
1,083 |
5% |
No jurisdictionc |
1,336 |
8% |
786 |
19% |
2,122 |
10% |
Subtotal |
5,943 |
35% |
1,399 |
34% |
7,342 |
35% |
TOTALd |
16,771 |
100% |
4,121 |
100% |
20,892 |
100% |
a Applications finalised by a decision of the AAT under section 349 or 415 of the Migration Act.
b The Tribunal may dismiss an application if an applicant does not appear before the Tribunal at a hearing under section 362B(1A) or 426A(1A) of the Migration Act. The decision to dismiss the application may be confirmed under section 362B(1C)(b), 362B(1E), 426A(1C)(b) or 426A(1E). Under sections 362B(1F) and 426A(1F), a dismissal decision confirmed by the Tribunal is taken to be a decision to affirm the decision under review. Therefore, the total number of migration decisions affirmed is 6,738 or 40% of all migration decisions (comprising 5,850 decisions affirmed and 888 applications dismissed by the Tribunal). The total number of refugee decisions affirmed is 2,555 or 62% of all refugee decisions (comprising 2,360 decisions affirmed and 195 applications dismissed by the Tribunal).
c Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit or the application fee has not been paid.
d Percentages may not total 100% due to rounding.
Social Services and Child Support Division
CENTRELINK (FIRST REVIEW)b |
CHILD SUPPORT |
PAID PARENTAL LEAVEb |
TOTAL |
|||||
---|---|---|---|---|---|---|---|---|
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
|
By decisionc |
||||||||
Decision affirmed |
6,874 |
45% |
489 |
21% |
123 |
49% |
7,486 |
42% |
Decision varied or set aside |
2,895 |
19% |
762 |
33% |
21 |
8% |
3,678 |
21% |
Subtotal |
9,769 |
64% |
1,251 |
55% |
144 |
57% |
11,164 |
63% |
By consent |
||||||||
Decision affirmedd |
N/A |
N/A |
0 |
0% |
N/A |
N/A |
0 |
0% |
Decision varied or set asided |
N/A |
N/A |
60 |
3% |
N/A |
N/A |
60 |
<1% |
Dismissed by consente |
11 |
<1% |
211 |
9% |
0 |
0% |
222 |
1% |
Dismissed by operation of lawf |
0 |
0% |
N/A |
N/A |
0 |
0% |
0 |
0% |
Subtotal |
11 |
<1% |
271 |
12% |
0 |
0% |
282 |
2% |
Other |
||||||||
Withdrawn by applicant |
1,392 |
9% |
283 |
12% |
22 |
9% |
1,697 |
10% |
Dismissed by Tribunalg |
388 |
3% |
174 |
8% |
3 |
1% |
565 |
3% |
No jurisdictionh |
3,592 |
24% |
315 |
14% |
84 |
33% |
3,991 |
23% |
Subtotal |
5,372 |
35% |
772 |
34% |
109 |
43% |
6,253 |
35% |
TOTALi |
15,152 |
100% |
2,294 |
100% |
253 |
100% |
17,699 |
100% |
a The figures in this table relate only to the outcomes of applications for review of decisions, including where a related application for extension of time is refused. [In the published version of this annual report, the note a reference appears at the end of the heading for this table: 'Social Services and Child Support Division'.]
b A single application for review of a Centrelink or paid parental leave decision may relate to more than one reviewable decision. These figures include outcomes for all decisions that have been reviewed.
c Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.
d Applications finalised by the AAT in accordance with terms of agreement reached by the parties under section 42C.
e Applications dismissed by consent under section 42A(1).
f If an application for a review of a Centrelink or paid parental leave decision relates to the recovery of a debt, the parties may agree in writing to settle the proceedings. On receipt of the agreement, the application is taken to have been dismissed.
g Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).
h Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit or the AAT has refused to extend the time for applying for a review.
i Percentages may not total 100% due to rounding.
Small Business Taxation, and Taxation and Commercial Divisions
SMALL BUSINESS TAXATIONb |
TAXATION AND COMMERCIAL |
|||||||
---|---|---|---|---|---|---|---|---|
TAXATION |
OTHER |
TOTAL |
||||||
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
No |
% of all outcomes |
|
By decisionc |
||||||||
Decision affirmed |
0 |
0% |
44 |
7% |
20 |
21% |
64 |
9% |
Decision varied or set aside |
0 |
0% |
34 |
5% |
9 |
9% |
43 |
6% |
Subtotal |
0 |
0% |
78 |
12% |
29 |
30% |
107 |
14% |
By consent |
||||||||
Decision affirmedd |
0 |
0% |
17 |
<1% |
0 |
0% |
17 |
<1% |
Decision varied or set asided |
2 |
50% |
274 |
43% |
6 |
6% |
280 |
38% |
Dismissed by consente |
0 |
0% |
6 |
1% |
4 |
4% |
10 |
1% |
Subtotal |
2 |
50% |
297 |
46% |
10 |
10% |
307 |
42% |
Other |
||||||||
Withdrawn by applicant |
0 |
0% |
175 |
27% |
35 |
36% |
210 |
28% |
Dismissed by Tribunalf |
0 |
0% |
7 |
<1% |
4 |
4% |
11 |
1% |
No jurisdictiong |
2 |
50% |
85 |
13% |
18 |
19% |
103 |
14% |
Subtotal |
2 |
50% |
267 |
42% |
57 |
59% |
324 |
44% |
TOTALh |
4 |
100% |
642 |
100% |
96 |
100% |
738 |
100% |
a The figures in this table relate only to the outcomes of applications for review of decisions, including where a related application for extension of time is refused. [In the published version of this annual report, the note a reference appears at the end of the heading for this table: 'Small Business Taxation, and Taxation and Commercial Divisions'.]
b The Small Business Taxation Division commenced on 1 March 2019.
c Applications finalised by a decision of the AAT under section 43 of the Administrative Appeals Tribunal Act.
d Applications finalised by the AAT in accordance with terms of agreement reached by the parties either in the course of an alternative dispute resolution process (section 34D) or at any stage of review proceedings (section 42C).
e Applications dismissed by consent under section 42A(1).
f Applications dismissed under section 42A(2) (non-appearance at a case event), section 42A(5) (failure to proceed with an application or to comply with a direction of the AAT) and section 42B(1) (application is frivolous, vexatious, misconceived, lacking in substance, has no reasonable prospect of success or is an abuse of the process of the AAT).
g Applications finalised on the basis that the decision is not subject to review by the AAT, the applicant does not have standing to apply for a review, the application has not been made within a prescribed time limit, the AAT has refused to extend the time for applying for a review or the application fee has not been paid.
h Percentages may not total 100% due to rounding.
Number of alternative dispute resolution processes, directions hearings and hearings, 2017–18 to 2018–19
EVENT TYPE |
2017–18 |
2018–19 |
---|---|---|
Conferencesa |
8,460 |
8,413 |
Conciliationsa |
683 |
674 |
Other ADR processes (case appraisals, mediations and neutral evaluations)a |
11 |
4 |
Directions hearingsb |
3,054 |
3,333 |
Interlocutory hearingsc |
917 |
940 |
Hearingsd |
22,116 |
22,054 |
a The AAT holds alternative dispute resolution processes in all divisions other than the Migration and Refugee, Security, and Social Services and Child Support Divisions.
b The AAT holds directions hearings in all divisions other than the Migration and Refugee Division.
c Interlocutory hearings are hearings listed in all divisions other than the Migration and Refugee Division and Social Services and Child Support Division in relation to the AAT’s jurisdiction and applications for orders of the following kind: to extend the time to lodge an application for a review, to be joined as a party to a proceeding, to make a confidentiality order, to stay the operation or implementation of a decision under review, to dismiss an application or to reinstate an application.
d The figure for the number of hearings conducted in 2017–18 differs from the figure published in the Annual Report 2017–18. The AAT became aware of a technical issue with the report used to generate the figure which excluded certain hearings.
Court appeals lodged and finalised against decisions of the AAT – By division and major areas of work within divisions, 2018–19
DIVISION/AREA OF WORK |
COURT APPEALS LODGED |
COURT APPEALS FINALISEDd |
||||
---|---|---|---|---|---|---|
Lodgedb |
Proportion of total AAT decisionsc |
Allowed |
Dismissed or Discontinued |
Total appeals finalised |
Proportion allowed against total appeals finalised |
|
No |
% |
No |
No |
No |
% |
|
Freedom of Information |
0 |
0% |
0 |
1 |
1 |
0% |
General |
160 |
8% |
48 |
76 |
124 |
41% |
Australian citizenship |
7 |
1% |
4 |
2 |
6 |
67% |
Centrelink (2nd review) |
19 |
3% |
5 |
18 |
23 |
22% |
Visa-related decisions relating to character |
110 |
32% |
31 |
37 |
68 |
46% |
Workers’ compensation |
12 |
4% |
8 |
11 |
19 |
42% |
Other |
12 |
16% |
0 |
8 |
8 |
0% |
Migration and Refugee |
3,900 |
23% |
391 |
2,259 |
2,650 |
15% |
Migration |
2,681 |
21% |
219 |
1,240 |
1,459 |
15% |
Refugee |
1,219 |
33% |
172 |
1,019 |
1,191 |
14% |
National Disability Insurance Scheme |
1 |
1% |
1 |
1 |
2 |
50% |
Security |
0 |
0% |
0 |
0 |
0 |
N/A |
Small Business Taxation |
0 |
0% |
0 |
0 |
0 |
N/A |
Social Services and Child Support Divisione |
27 |
1% |
3 |
21 |
24 |
13% |
Taxation and Commercial |
12 |
6% |
5 |
10 |
15 |
33% |
Taxation |
8 |
5% |
2 |
7 |
9 |
22% |
Other |
4 |
8% |
3 |
3 |
6 |
50% |
Veterans’ Appeals |
2 |
3% |
2 |
2 |
4 |
50% |
TOTAL |
4,102 |
20% |
450 |
2,370 |
2,820 |
16% |
a These figures include appeals lodged or finalised in relation to decisions made by the AAT or decisions made by the MRT or RRT prior to 1 July 2015. [In the published version of this annual report, the note a reference appears at the end of the heading for this table: 'Court appeals lodged and finalised against decisions of the AAT – By division and major areas of work within divisions, 2018–19'.]
b These figures include some appeals lodged in relation to decisions made in a previous year.
c These figures represent the number of appeals lodged in 2018–19 as a proportion of all AAT decisions made in that year that could have been appealed to the courts.
d Where a decision of a judge of the Federal Circuit Court, a single judge of the Federal Court or the Full Court of the Federal Court has been appealed, only the ultimate result is counted for the purpose of these statistics.
e Only child support decisions and employer-related paid parental leave decisions may be appealed to the courts under section 44 or 44AAA of the Administrative Appeals Tribunal Act. In general, other decisions made on first review in the Social Services and Child Support Division are subject to second review in the AAT.
Visit
https://www.transparency.gov.au/annual-reports/administrative-appeals-tribunal/reporting-year/2018-2019-49