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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 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

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

General Division

AUSTRALIAN CITIZENSHIP

CENTRELINK
(2ND REVIEW)

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

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 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

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 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

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

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.