TRIBUNALS AMALGAMATION BILL 2015

2013-2014

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Tribunals Amalgamation Bill 2014

No. , 2014

(Attorney-General)

A Bill for an Act to amalgamate certain

administrative review tribunals, and for other

purposes

No. , 2014

Tribunals Amalgamation Bill 2014

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 6

Schedule 1--Amendment of the Administrative Appeals

Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

Schedule 2--Migration amendments

Part 1--Main amendments

Migration Act 1958

Part 2--Multiple amendments

Division 1--References to MRT-reviewable decisions

Migration Act 1958

Division 2--References to officers of the Tribunal

Migration Act 1958

Division 3--References to RRT-reviewable decisions

Migration Act 1958

Part 3--Contingent amendments

Division 1--Interaction with the Migration Amendment (Protection

and Other Measures) Act 2014

Migration Act 1958

Migration Amendment (Protection and Other Measures) Act 2014

Division 2--Interaction with the Migration and Maritime Powers

Legislation Amendment (Resolving the Asylum Legacy

Caseload) Act 2014

Administrative Appeals Tribunal Act 1975

Migration Act 1958

Division 3--Interaction with the Migration and Maritime Powers

Legislation Amendment (Resolving the Asylum Legacy

Caseload) Act 2014: multiple amendments

Migration Act 1958

Tribunals Amalgamation Bill 2014

No. , 2014

Division 4--Interaction with the Migration and Maritime Powers

Legislation Amendment (Resolving the Asylum Legacy

Caseload) Act 2014: transitional provisions

Division 5--Interaction with the Migration Amendment (Character

and General Visa Cancellation) Act 2014

Migration Act 1958

Division 6--Interaction with the Migration Amendment (Regaining

Control Over Australia's Protection Obligations) Act

2014

100

Migration Amendment (Regaining Control Over Australia's

Protection Obligations) Act 2014

100

Schedule 3--Social security amendments

101

Social Security Act 1991

101

Social Security (Administration) Act 1999

102

Schedule 4--Child support amendments

120

Child Support (Assessment) Act 1989

120

Child Support (Registration and Collection) Act 1988

124

Schedule 5--Family assistance amendments

146

A New Tax System (Family Assistance) Act 1999

146

A New Tax System (Family Assistance) (Administration) Act 1999

146

Schedule 6--Paid parental leave amendments

167

Paid Parental Leave Act 2010

167

Schedule 7--Student assistance amendments

181

Part 1--Main amendments

181

Student Assistance Act 1973

181

Part 2--Contingent amendments

192

Student Assistance Act 1973

192

Schedule 8--Other consequential amendments

193

Part 1--Consequential amendments

193

Administrative Decisions (Judicial Review) Act 1977

193

Archives Act 1983

193

No. , 2014

Tribunals Amalgamation Bill 2014

iii

Australian Charities and Not-for-profits Commission Act 2012

195

Australian Citizenship (Transitionals and Consequentials) Act 2007

195

Australian Grape and Wine Authority Act 2013

195

Civil Dispute Resolution Act 2011

196

Commonwealth Electoral Act 1918

196

Court Security Act 2013

196

Crimes Act 1914

196

Criminal Code Act 1995

197

Defence Act 1903

197

Federal Proceedings (Costs) Act 1981

197

Financial Institutions Supervisory Levies Collection Act 1998

197

Freedom of Information Act 1982

197

Industry Research and Development Act 1986

198

Inspector-General of Intelligence and Security Act 1986

199

Inspector of Transport Security Act 2006

199

Insurance Acquisitions and Takeovers Act 1991

199

Judges' Pensions Act 1968

199

Lands Acquisition Act 1989

199

Military Rehabilitation and Compensation Act 2004

200

Public Interest Disclosure Act 2013

200

Safety, Rehabilitation and Compensation Act 1988

200

Seafarers Rehabilitation and Compensation Act 1992

200

Superannuation (Self Managed Superannuation Funds) Taxation Act

1987

201

Surveillance Devices Act 2004

201

Taxation Administration Act 1953

201

Telecommunications (Interception and Access) Act 1979

202

Trans-Tasman Mutual Recognition Act 1997

202

Part 2--Contingent amendments

203

Biosecurity Act 2015

203

Freedom of Information Act 1982

203

Schedule 9--Transitional and saving provisions

204

No. , 2014

Tribunals Amalgamation Bill 2014

A Bill for an Act to amalgamate certain

administrative review tribunals, and for other

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Tribunals Amalgamation Act 2014.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Tribunals Amalgamation Bill 2014

No. , 2014

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

1 July 2015.

1 July 2015

3. Schedule 2,

Parts 1 and 2

1 July 2015.

1 July 2015

4. Schedule 2,

items 136 to 142

The later of:

(a) the start of 1 July 2015; and

(b) immediately after the commencement of

Schedule 4 to the Migration Amendment

(Protection and Other Measures) Act

2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

5. Schedule 2,

item 143

The later of:

(a) immediately after the start of 1 July

2015; and

(b) immediately after the commencement of

Schedule 4 to the Migration Amendment

(Protection and Other Measures) Act

2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

6. Schedule 2,

items 144 and 145

Immediately before the start of 1 July 2015.

However the provisions do not commence at

all if Schedule 4 to the Migration

Amendment (Protection and Other

Measures) Act 2014 commences before

1 July 2015.

7. Schedule 2,

items 146 to 154

The later of:

(a) immediately after the start of 1 July

No. , 2014

Tribunals Amalgamation Bill 2014

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

2015; and

(b) immediately after the commencement of

Schedule 4 to the Migration and

Maritime Powers Legislation

Amendment (Resolving the Asylum

Legacy Caseload) Act 2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

8. Schedule 2,

items 155 to 171

1 July 2015.

However, the provisions do not commence

at all if Schedule 7 to the Migration and

Maritime Powers Legislation Amendment

(Resolving the Asylum Legacy Caseload) Act

2014 commences before 1 July 2015.

9. Schedule 2,

items 172 to 184

The later of:

(a) the start of 1 July 2015; and

(b) immediately after the commencement of

Schedule 4 to the Migration and

Maritime Powers Legislation

Amendment (Resolving the Asylum

Legacy Caseload) Act 2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

10. Schedule 2,

item 185

Immediately after the commencement of

Schedule 4 to the Migration and Maritime

Powers Legislation Amendment (Resolving

the Asylum Legacy Caseload) Act 2014.

However the provisions do not commence at

all if:

(a) that Schedule commences before 1 July

2015; or

(b) that Schedule does not commence.

11. Schedule 2,

item 186

The later of:

(a) the start of 1 July 2015; and

Tribunals Amalgamation Bill 2014

No. , 2014

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

(b) immediately after the commencement of

Schedule 4 to the Migration and

Maritime Powers Legislation

Amendment (Resolving the Asylum

Legacy Caseload) Act 2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

12. Schedule 2,

item 187

1 July 2015.

However, the provisions do not commence

at all if Schedule 4 to the Migration and

Maritime Powers Legislation Amendment

(Resolving the Asylum Legacy Caseload) Act

2014 does not commence before 1 July

2015.

13. Schedule 2,

item 188

1 July 2015.

However, the provisions do not commence

at all if Schedule 7 to the Migration and

Maritime Powers Legislation Amendment

(Resolving the Asylum Legacy Caseload) Act

2014 commences before 1 July 2015.

14. Schedule 2,

Part 3, Division 5

1 July 2015.

1 July 2015

15. Schedule 2,

Part 3, Division 6

The later of:

(a) the start of 1 July 2015; and

(b) immediately after the commencement of

Schedule 1 to the Migration Amendment

(Regaining Control Over Australia's

Protection Obligations) Act 2013.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

16. Schedules 3

to 6

1 July 2015.

1 July 2015

17. Schedule 7,

Part 1

1 July 2015.

1 July 2015

No. , 2014

Tribunals Amalgamation Bill 2014

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

18. Schedule 7,

Part 2

The later of:

(a) immediately after the commencement of

the provisions covered by table item 17;

and

(b) immediately after the commencement of

item 94 of Schedule 2 to the Social

Services and Other Legislation

Amendment (Student Measures) Act

2014.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

19. Schedule 8,

Part 1

1 July 2015.

1 July 2015

20. Schedule 8,

item 54

The later of:

(a) the start of 1 July 2015; and

(b) immediately after the commencement of

section 77 of the Biosecurity Act 2015.

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

21. Schedule 8,

items 55 and 56

At the same time as the provisions covered

by table item 19.

However, if Schedule 1 to the Freedom of

Information Amendment (New

Arrangements) Act 2014 commences before

that time, the provisions do not commence at

all.

22. Schedule 9

1 July 2015.

1 July 2015

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

Schedule 1

--Amendment of the

Administrative Appeals Tribunal Act

1975

Administrative Appeals Tribunal Act 1975

1 Section 2A

Repeal the section, substitute:

2A Tribunal's objective

In carrying out its functions, the Tribunal must pursue the objective

of providing a mechanism of review that:

(a) is accessible; and

(b) is fair, just, economical, informal and quick; and

matter; and

(d) promotes public trust and confidence in the decision-making

of the Tribunal.

2 Subsection 3(1)

Insert:

agency party means a party who is:

(a) the Secretary of a Department; or

(b) the Chief Executive Medicare; or

(d) the Child Support Registrar.

3 Subsection 3(1)

Insert:

authorised officer means an officer of the Tribunal who has been

authorised by the President under section 59B for the purposes of

the provision in which the expression occurs.

Chief Executive Centrelink has the same meaning as in the Human

Services (Centrelink) Act 1997.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

Chief Executive Medicare has the same meaning as in the Human

Services (Medicare) Act 1973.

child support first review means a proceeding that is or would be a

proceeding in the Social Services and Child Support Division on

application for AAT first review within the meaning of the Child

Support (Registration and Collection) Act 1988.

4 Subsection 3(1) (definition of Conference Registrar)

Repeal the definition.

5 Subsection 3(1) (definition of Deputy President)

Repeal the definition, substitute:

Deputy President means a member appointed as a Deputy

President of the Tribunal.

6 Subsection 3(1)

Repeal the following definitions:

(a) definition of Deputy Registrar;

(b) definition of District Registrar.

7 Subsection 3(1)

Insert:

engage in conduct has the same meaning as in the Criminal Code.

immigration advisory service means a body that provides services

in relation to the seeking by non-citizens (within the meaning of

the Migration Act 1958) of permission to enter or remain in

Australia.

8 Subsection 3(1) (definition of member)

Repeal the definition, substitute:

member means:

(a) the President; or

(b) a Deputy President; or

(d) any other member (of any level referred to in

subsection 6(3)).

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

9 Subsection 3(1) (definition of officer of the Tribunal)

Repeal the definition, substitute:

officer of the Tribunal means:

(a) the Registrar; or

(b) a person appointed as an officer of the Tribunal under

section 24PA.

10 Subsection 3(1) (definition of presidential member)

Repeal the definition, substitute:

presidential member means the President or a Deputy President.

11 Subsection 3(1) (paragraph (c) of the definition of

proceeding)

Repeal the paragraph, substitute:

and

12 Subsection 3(1)

Insert:

second review: a review by the Tribunal of a decision is or would

be a second review if another enactment:

(a) authorises an application to be made for review of the

decision; and

(b) designates the review as an AAT second review.

13 Subsection 3(1) (definition of senior member)

Repeal the definition, substitute:

senior member means a senior member of the Tribunal (of either

level referred to in subsection 6(3)).

14 Subsection 3(1) (definition of Small Taxation Claims

Tribunal)

Repeal the definition.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

15 Section 5

Omit ", which shall consist of a President, the other presidential

members, the senior members, and the other members, appointed in

accordance with this Act".

16 Before section 6

Insert:

5A Membership

The Tribunal consists of the following members:

(a) the President;

(b) Deputy Presidents;

(d) other members.

17 Subsections 6(2) and (3)

Repeal the subsections, substitute:

(2) A Judge who is to be appointed as a member of the Tribunal is to

be appointed as the President or a Deputy President.

(3) A person (other than a Judge) who is to be appointed as a member

of the Tribunal is to be appointed as:

(a) a Deputy President; or

(b) a senior member (level 1); or

(d) a member (level 1); or

(e) a member (level 2); or

(f) a member (level 3).

18 Section 7

Repeal the section, substitute:

7 Qualifications for appointment

President

(1) A person must not be appointed as the President unless the person

is a Judge of the Federal Court of Australia.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

Deputy President

(2) A person must not be appointed as a Deputy President unless the

person:

(a) is a Judge of the Federal Court of Australia or the Family

Court of Australia; or

(b) is enrolled as a legal practitioner (however described) of the

High Court or the Supreme Court of a State or Territory and

has been so enrolled for at least 5 years; or

knowledge or skills relevant to the duties of a Deputy

President.

Senior members and other members

(3) A person must not be appointed as a senior member or other

member unless the person:

(a) is enrolled as a legal practitioner (however described) of the

High Court or the Supreme Court of a State or Territory and

has been so enrolled for at least 5 years; or

(b) in the opinion of the Governor-General, has special

knowledge or skills relevant to the duties of a senior member

or member.

19 Subsection 8(3)

Omit "7 years", substitute "5 years".

20 Subsection 8(4)

Omit "presidential".

21 Subsection 8(7)

Omit "prescribed", substitute "determined by the Minister in writing".

22 Subsections 10(1) to (4)

Repeal the subsections, substitute:

Acting President

(1) The Minister may, by written instrument, appoint a Judge of the

Federal Court of Australia to act as the President:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(a) during a vacancy in the office of President (whether or not an

appointment has previously been made to the office); or

(b) during any period, or during all periods, when the President:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of office.

Note:

For rules that apply to acting appointments, see sections 33AB and

33A of the Acts Interpretation Act 1901.

Acting member (other than President)

(2) The Minister may, by written instrument, appoint a person to act as

a member (other than the President) during any period, or during

all periods, when:

(a) a full-time member is absent from duty or from Australia; or

(b) a part-time member is unavailable to perform the duties of

office.

Qualification for acting appointment

(3) A person must not be appointed to act in an office under

subsection (1) or (2) unless the person meets the requirements in

section 7 for appointment to the office.

23 Subsection 10(5)

Omit "or (3)".

24 Subsections 10(7) to (11)

Repeal the subsections, substitute:

Terms and conditions of acting appointment

(7) Subject to this Part, a person (other than a Judge) appointed to act

in an office under subsection (2) is to act on such terms and

conditions as the Minister determines in writing.

25 Section 10A

Repeal the section, substitute:

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

10A Delegation

(1) The Minister may, by signed instrument, delegate to the President

any or all of the Minister's powers or functions under this Act.

(2) The President may, by signed instrument, delegate to a member

any or all of the President's powers or functions under this Act or

another enactment.

(3) The Registrar may, by signed instrument, delegate to an officer of

the Tribunal or a member of the staff of the Tribunal any or all of

the Registrar's powers or functions under this Act or another

enactment.

(4) In exercising powers or performing functions under a delegation,

the delegate must comply with any directions of the delegator.

26 Sections 11 to 14

Repeal the sections, substitute:

11 Outside employment

(1) A full-time member must not engage in paid employment outside

the duties of his or her office without the President's approval.

(2) A part-time member must not engage in any paid employment that,

in the President's opinion, conflicts or may conflict with the proper

performance of his or her duties.

(3) This section does not apply in relation to the holding by a member

of an office or appointment in the Defence Force.

12 Leave of absence

(1) A full-time member has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(2) The President may grant a full-time member leave of absence,

other than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Minister determines.

(3) The President may grant leave of absence to a part-time member

on the terms and conditions that the President determines.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

13 Termination of appointment (not Judges)

(1) The Governor-General may terminate the appointment of a

member:

(a) for misbehaviour; or

(b) if the member is unable to perform the duties of his or her

office because of physical or mental incapacity.

(2) The Governor-General may terminate the appointment of a

member if:

(a) the member:

(i) becomes bankrupt; or

(ii) takes steps to take the benefit of any law for the relief of

bankrupt or insolvent debts; or

(iii) compounds with one or more of his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of one or more of his or her creditors; or

(b) the member is a full-time member and is absent, except on

leave of absence, for 14 consecutive days or for 28 days in

any 12 months; or

on leave of absence, to perform the duties of his or her office

for more than 3 months; or

(d) the member contravenes section 11 (outside employment); or

(e) the member fails, without reasonable excuse, to comply with

section 14 (disclosure of interests).

(3) The Governor-General may terminate the appointment of a

member assigned to the Migration and Refugee Division if the

member has a direct or indirect pecuniary interest in an

immigration advisory service.

(4) The appointment of a member may not be terminated other than in

accordance with this section.

(5) This section does not apply in relation to a member who is a Judge.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

14 Disclosure of interests by members

(1) If a member who is, or is to be, a member of the Tribunal as

constituted for the purposes of a proceeding before the Tribunal

has a conflict of interest in relation to the proceeding, the member:

(a) must disclose the matters giving rise to that conflict:

(i) to the parties; and

(ii) to the President (or, if the member is the President, the

Minister); and

(b) must not take part in the proceeding or exercise any powers

in relation to the proceeding unless the parties and the

President (or, if the member is the President, the Minister)

consent.

(2) For the purposes of this section, a member has a conflict of interest

in relation to a proceeding before the Tribunal if the member has

any interest, pecuniary or otherwise, that could conflict with the

proper performance of the member's functions in relation to the

proceeding.

(3) If the President becomes aware that a member who is, or is to be, a

member of the Tribunal as constituted for the purposes of a

proceeding before the Tribunal has a conflict of interest in relation

to the proceeding, the President:

(a) may, if the President considers it appropriate, direct the

member not to take part in the proceeding; and

(b) if the President does not give such a direction--must ensure

that the member discloses the matters giving rise to the

conflict to the parties.

27 Parts III and IIIAA

Repeal the Parts, substitute:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

Part III--Organisation of the Tribunal

Division 1--Divisions of the Tribunal

Subdivision A--Divisions of the Tribunal

17A Divisions of the Tribunal

The Tribunal is to exercise powers conferred on it in the following

Divisions:

(a) General Division;

(b) Migration and Refugee Division;

(d) Security Division;

(e) Social Services and Child Support Division;

(f) Taxation and Commercial Division;

(g) any other prescribed Division.

17B Allocation of business to Divisions

(1) The Tribunal's powers in relation to a proceeding before the

Tribunal are to be exercised:

(a) in the Division prescribed for such a proceeding; or

(b) if no Division is prescribed for a proceeding--in the Division

that the President directs.

(2) Despite subsection (1), the following powers of the Tribunal may

be exercised by the Tribunal only in the Security Division:

(a) the powers of review in respect of applications referred to in

section 54 of the Australian Security Intelligence

Organisation Act 1979;

(b) the power under the Archives Act 1983 to review a decision

of the Archives in respect of access to a record of the

Australian Security Intelligence Organisation.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

Subdivision B--Assignment of members to Divisions

17C Assignment of members to Divisions

(1) The Minister must assign a non-presidential member to one or

more Divisions of the Tribunal.

(2) Before the Minister does so, the Minister must consult the

President in relation to the proposed assignment.

(3) An assignment may only be varied with the consent of the member

concerned.

(4) A non-presidential member may exercise, or participate in the

exercise of, powers of the Tribunal only in a Division to which the

member is assigned.

(5) If the assignment is made in writing, the assignment is not a

legislative instrument.

17D Assignment to Migration and Refugee Division

Before assigning a member to the Migration and Refugee Division,

the Minister must consult the Minister administering the Migration

Act 1958 in relation to the proposed assignment.

17E Assignment to National Disability Insurance Scheme Division

(1) Before assigning a member to the National Disability Insurance

Scheme Division, the Minister must consult the Minister

administering the National Disability Insurance Scheme Act 2013

in relation to the proposed assignment.

(2) The Minister must not assign a member to the National Disability

Insurance Scheme Division unless the Minister is satisfied that the

member:

(a) has training, knowledge or experience relating to disability;

(b) has other relevant knowledge or experience that will assist

the member in considering matters relating to the National

Disability Insurance Scheme.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

17F Assignment to Security Division

The Minister must not assign a member to the Security Division if

the member is or has been:

(a) the Director-General of Security; or

(b) an ASIO employee or ASIO affiliate.

Note:

See also subsections 19E(3) and 19F(3).

17G Assignment to Social Services and Child Support Division

Before assigning a member to the Social Services and Child

Support Division, the Minister must consult the Minister

administering the Social Security (Administration) Act 1999 in

relation to the proposed assignment.

17H Assignment to Taxation and Commercial Division

Before assigning a member to the Taxation and Commercial

Division, the Minister must consult the Treasurer in relation to the

proposed assignment.

17J Validity

Sections 17A to 17H do not affect the validity of any exercise of

powers by the Tribunal.

Subdivision C--Division heads and Deputy Division heads

17K Division heads

Assignment of Division heads

(1) The Minister may assign a Deputy President to be the head of one

or more Divisions of the Tribunal.

(2) Before the Minister does so, the Minister must consult:

(a) the President; and

(b) any Minister required by sections 17D to 17H to be consulted

in relation to the assignment of a member to the Division.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

(3) The Minister must not assign a person to be the head of a Division

if the person could not be assigned to that Division because of

subsection 17E(2) or section 17F.

(4) If the assignment is made in writing, the assignment is not a

legislative instrument.

(5) An assignment under subsection (1):

(a) must be for the duration, or the remaining duration, of the

person's appointment as a Deputy President; and

(b) may be varied, with the person's consent; and

Function of Division heads

(6) The head of a Division has the function of assisting the President in

the performance of the President's functions by directing the

business of the Tribunal in the Division.

Acting Division heads

(7) The Minister may, by written instrument, assign a Deputy

President or senior member to act as the head of a Division during

any period, or during all periods, when the head of the Division is

absent from duty or from Australia. Such an assignment is taken to

be an appointment to act for the purposes of the Acts Interpretation

Act 1901.

17L Deputy Division heads

Assignment of deputy Division heads

(1) The Minister may assign a Deputy President or a senior member to

be the deputy head of one or more Divisions of the Tribunal.

(2) Before the Minister does so, the Minister must consult:

(a) the President; and

(b) any Minister required by sections 17D to 17H to be consulted

in relation to the assignment of a member to the Division.

(3) The Minister must not assign a person to be the deputy head of a

Division if the person could not be assigned to that Division

because of subsection 17E(2) or section 17F.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(4) If the assignment is made in writing, the assignment is not a

legislative instrument.

(5) An assignment under subsection (1):

(a) must be for the duration, or the remaining duration, of the

person's appointment as a Deputy President or senior

member; and

(b) may be varied, with the person's consent; and

Function of deputy Division heads

(6) The deputy head of a Division has the function of assisting the

head of the Division in the performance of the head of the

Division's functions.

Acting deputy Division heads

(7) The Minister may, by written instrument, assign a member to act as

the deputy head of a Division during any period, or during all

periods, when the deputy head of the Division is absent from duty

or from Australia. Such an assignment is taken to be an

appointment to act for the purposes of the Acts Interpretation Act

1901.

Division 2--Arrangement of business of Tribunal

18A Arrangement of business

Subject to this Act and the regulations, the President is responsible

for ensuring:

(a) the expeditious and efficient discharge of the business of the

Tribunal; and

(b) that the Tribunal pursues the objective in section 2A.

18B President's directions--arrangement of business

(1) The President may give written directions in relation to any or all

of the following:

(a) the operations of the Tribunal;

(b) the procedure of the Tribunal;

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

(d) the arrangement of the business of the Tribunal;

(e) the places at which the Tribunal may sit.

(2) A failure by the Tribunal to comply with a direction does not

invalidate anything done by the Tribunal.

(3) If the Tribunal deals with a proceeding in a way that complies with

the directions given under this section, the Tribunal is not required

to take any other action in dealing with the proceeding.

(4) Without limiting subsection (1), directions may deal with matters

relating to the provision of documents under sections 37 and

38AA, including any or all of the following matters:

(a) documents that are or are not required to be lodged under

paragraph 37(1)(b) and subsection 38AA(1);

(b) documents that are or are not required to be lodged under

subsection 37(1AAB) for the purposes of second reviews;

subsection 37(1AB);

(d) lodgement of additional copies of documents;

(e) documents that are to be given to other parties under

subsection 37(1AE).

18C Sittings of Tribunal

Sittings of the Tribunal are to be held from time to time as

required, in such places in Australia or an external Territory as are

convenient.

Division 3--Constitution of Tribunal

Subdivision A--General

19A President's directions--constitution

(1) The President may give written directions in relation to:

(a) the members who are to constitute the Tribunal for the

purposes of a proceeding; and

(b) if there is more than one such member--the member who is

to preside.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(2) Paragraph (1)(b) does not apply to a proceeding in the Security

Division.

19B Constitution

(1) The Tribunal as constituted for the purposes of a proceeding:

(a) must not have more than 3 members, unless another

provision of this Act or another enactment provides

otherwise in relation to the proceeding; and

(b) must not have more than one member who is a Judge.

(2) At any time before the hearing of a proceeding commences, the

powers of the Tribunal in relation to the proceeding may be

exercised by the President or an authorised member.

(3) Subsection (2) does not apply in relation to the following powers:

(a) the power under section 34J (circumstances in which hearing

may be dispensed with);

(b) the power under section 43 (Tribunal's decision on review);

(d) a power that a provision of this Act (except this section) or

another enactment requires or permits to be exercised by:

(i) one or more persons specified by the provision; or

(ii) the Tribunal constituted in a way specified by the

provision.

Note:

Examples of powers covered by subparagraph (3)(d)(i) are the powers

under sections 19A, 33 and 43AA. Examples of powers covered by

subparagraph (3)(d)(ii) are the powers under section 19C.

(4) This section does not apply in relation to a proceeding in the

Security Division (see Subdivision B).

19C Constitution for review of taxing of costs

(1) The Tribunal as constituted for the purposes of an application for

review of a taxing of costs in another proceeding must be

constituted by:

(a) the member who constituted the Tribunal for the purposes of

the other proceeding; or

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

(b) if the Tribunal was constituted by more than one member for

the purposes of the other proceeding--the member who

presided for those purposes.

(2) However, the Tribunal is to be constituted as directed by the

President if the member referred to in subsection (1):

(a) has stopped being a member; or

(b) is for any reason unavailable; or

review.

(3) The President must not give directions that would result in none of

the members who constituted the Tribunal for the purposes of the

other proceeding constituting the Tribunal for the purposes of the

review, unless the President is satisfied that it is in the interests of

justice to do so.

19D Reconstitution

Before hearing commences

(1) At any time before the hearing of a proceeding commences, the

President may revoke a direction under subsection 19A(1) in

relation to the proceeding and give another such direction.

After hearing commences

(2) At any time after the hearing of a proceeding commences and

before the Tribunal determines the proceeding, the President may

revoke a direction under subsection 19A(1) in relation to the

proceeding and give another such direction, if:

(a) the member, or one of the members, who constitutes the

Tribunal for the purposes of the proceeding:

(i) stops being a member; or

(ii) is for any reason unavailable; or

(iii) is directed by the President not to take part in the

proceeding; or

(b) the President considers that doing so is in the interests of

achieving the expeditious and efficient conduct of the

proceeding.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(3) Subsection (2) does not apply in relation to a proceeding in the

Security Division.

(4) The reconstituted Tribunal must continue the proceeding. For this

purpose, it may have regard to any record of the proceeding before

the Tribunal as previously constituted (including a record of any

evidence taken in the proceeding).

President's directions

(5) The President must not give a direction referred to in

subparagraph (2)(a)(iii) unless the President:

(a) is satisfied that it is the interests of justice to do so; and

(b) has consulted the member concerned.

(6) The President must not, for the purposes of subsection (2), revoke

a direction under subsection 19A(1) in relation to a proceeding and

give another such direction unless the President:

(a) is satisfied that it is in the interests of justice to do so; and

(b) has consulted each member who as a result ceases to be a

member of the Tribunal as constituted for the purposes of the

proceeding.

(7) In giving directions for the purposes of this section, the President

must have regard to the Tribunal's objective in section 2A.

Subdivision B--Security Division

19E Constitution of Security Division

Scope

(1) This section applies to a proceeding in the Security Division other

than a proceeding to which section 19F applies, but has effect

subject to subsection 65(2) of the Australian Security Intelligence

Organisation Act 1979.

Constitution of Security Division

(2) The Security Division is to be constituted by a presidential member

and 2 other members.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

(3) The presidential member must not participate in the proceeding if

the presidential member is or has been:

(a) the Director-General of Security; or

(b) an ASIO employee or ASIO affiliate.

Presiding member

(4) The presidential member is to preside at a hearing of the

proceeding.

Reconstitution

(5) At any time after the hearing of a proceeding commences and

before the Tribunal determines the proceeding, the President may

revoke a direction under subsection 19A(1) in relation to the

proceeding and give another such direction, in accordance with this

section, if a member constituting the Tribunal for the purposes of

the proceeding is for any reason unavailable.

(6) The reconstituted Tribunal must continue the proceeding. For this

purpose, it may have regard to any record of the proceeding before

the Tribunal as previously constituted (including a record of any

evidence taken in the proceeding).

19F Constitution of Security Division for proceedings to review

certain Archives decisions

Scope

(1) This section applies to a proceeding in the Security Division in

relation to a review of a decision of the Archives under the

Archives Act 1983 relating to a record of the Australian Security

Intelligence Organisation.

Constitution of Security Division

(2) The Security Division is to be constituted by:

(a) 3 presidential members; or

(b) a presidential member alone.

(3) A presidential member must not participate in the proceeding if the

presidential member is or has been:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(a) the Director-General of Security; or

(b) an ASIO employee or ASIO affiliate.

Presiding member

(4) If the Tribunal is constituted by 3 presidential members, the person

who is to preside at a hearing of the proceeding is:

(a) if the President is one of the members--the President; or

(b) if the President is not one of the members but one or more

Judges is--the most senior (or only) Judge; or

whom the President directs to preside.

Reconstitution

(5) At any time after the hearing of a proceeding commences and

before the Tribunal determines the proceeding, the President may

revoke a direction under paragraph 19A(1)(a) in relation to the

proceeding and give another such direction, in accordance with this

section, if a member constituting the Tribunal for the purposes of

the proceeding ceases to be available.

(6) The reconstituted Tribunal must continue the proceeding. For this

purpose, it may have regard to any record of the proceeding before

the Tribunal as previously constituted (including a record of any

evidence taken in the proceeding).

28 Section 24A

Repeal the section, substitute:

24A Management of administrative affairs of Tribunal

(1) The President is responsible for managing the administrative

affairs of the Tribunal.

(2) However, the President is not responsible under subsection (1) for

matters relating to the Tribunal under:

(a) the Public Governance, Performance and Accountability Act

2013; or

(b) the Public Service Act 1999.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

(3) The Registrar is not subject to direction by the President in relation

to the Registrar's performance of functions, or exercise of powers,

under the Acts referred to in subsection (2).

29 Paragraph 24BA(a)

Repeal the paragraph, substitute:

(a) the following group of persons is a listed entity:

(i) the Registrar;

(ii) the staff of the Tribunal referred to in

subsection 24N(1); and

30 Section 24C

Omit "on the nomination of the President".

31 Subsections 24D(4) and 24E(4)

Repeal the subsections.

32 Subsection 24F(4)

Omit "the President", substitute "the Minister".

33 Subsection 24G(2)

Omit "President, with the approval of the Minister,", substitute

"Minister".

34 Section 24K

Repeal the section, substitute:

24K Termination of appointment

(1) The Governor-General may terminate the appointment of the

Registrar:

(a) for misbehaviour; or

(b) if the Registrar is unable to perform the duties of his or her

office because of physical or mental incapacity.

(2) The Governor-General may terminate the appointment of the

Registrar if:

(a) the Registrar:

(i) becomes bankrupt; or

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(ii) takes steps to take the benefit of any law for the relief of

bankrupt or insolvent debts; or

(iii) compounds with one or more of his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of one or more of his or her creditors; or

(b) the Registrar is absent, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

of his or her office without the President's consent under

section 24J; or

(d) the Registrar fails, without reasonable excuse, to comply with

section 24L (disclosure of interests).

(3) The appointment of the Registrar may not be terminated other than

in accordance with this section.

35 Section 24M

Omit "President", substitute "Minister".

36 Sections 24N and 24P

Repeal the sections, substitute:

24N Staff

(1) The staff of the Tribunal must be persons engaged under the Public

Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the following persons together constitute a Statutory Agency:

(i) the Registrar;

(ii) the staff of the Tribunal referred to in subsection (1);

and

(b) the Registrar is the head of that Statutory Agency.

24P Functions of Registrar and staff

The Registrar and members of the staff of the Tribunal have the

functions and powers conferred on them:

(a) by this Act and any other enactment; and

(b) by the President.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

24PA Officers of the Tribunal

The Registrar may, by writing, appoint a person to be an officer of

the Tribunal if:

(a) the person is:

(i) a member of the staff of the Tribunal referred to in

subsection 24N(1); or

(ii) an APS employee made available to the Tribunal; or

(iii) an officer of the Supreme Court of Norfolk Island; and

(b) the Registrar is satisfied that the person has appropriate

qualifications and experience.

37 Subsection 24R(1)

After "administrative affairs", insert ", including the operation of the

Divisions,".

38 Section 24V

Repeal the section.

39 Before Division 1 of Part IV

Insert:

Division 1A--Scope of operation of this Part

24Z Scope of operation of this Part

(1) Except for the provisions specified in subsection (2), this Part does

not apply in relation to a proceeding in the Migration and Refugee

Division.

Note 1:

For the conduct of proceedings in the Migration and Refugee

Division, see Parts 5 and 7 of the Migration Act 1958.

Note 2:

Enactments that authorise the making of applications for review to the

Tribunal can add to, exclude or modify the operation of this Part.

(2) The following provisions of this Part apply in relation to a

proceeding in the Migration and Refugee Division:

(a) section 25;

(b) section 42.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

40 Subsections 25(4) and (6)

Repeal the subsections.

41 Paragraph 25(8)(c)

Repeal the paragraph, substitute:

42 After subsection 26(1)

Insert:

(1A) Paragraph (1)(b) does not apply in relation to a proceeding that is a

child support first review.

43 Subsection 28(1AAA)

Repeal the subsection, substitute:

Exceptions

(1AAA) Subsection (1) does not apply in relation to:

(a) a decision that is reviewable in the Security Division; or

(b) a decision that is a decision on AAT first review within the

meaning of any of the following:

(i) the A New Tax System (Family Assistance)

(Administration) Act 1999;

(ii) the Child Support (Registration and Collection) Act

1988;

(iii) the Social Security (Administration) Act 1999;

(iv) the Student Assistance Act 1973;

(v) the Paid Parental Leave Act 2010.

44 Subsection 28(1AC)

Repeal the subsection, substitute:

(1AC) On application by an applicant who has received a notice under

subsection (1AA), the Tribunal must decide whether the applicant

was or was not entitled to be given the statement concerned.

45 Subsection 28(5)

Repeal the subsection, substitute:

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

Inadequate statement of reasons

(5) An applicant who has been given a statement under subsection (1)

may apply to the Tribunal for a declaration that the statement does

not contain one or more of the following:

(a) adequate particulars of findings on material questions of fact;

(b) an adequate reference to the evidence or other material on

which those findings were based;

(6) If the Tribunal makes the declaration, the person to whom the

request for the statement was made must, as soon as practicable

and no later than 28 days after the day the declaration was made,

give the applicant an additional statement containing further and

better particulars in relation to the matters specified in the

declaration.

46 Paragraphs 29(1)(a), (b) and (c)

Repeal the paragraphs, substitute:

(a) must be made:

(i) in writing; or

(ii) if the decision is reviewable in the Social Services and

Child Support Division and the proceeding is not a child

support first review--in writing or by making an oral

application in person at, or by telephone to, a Registry

of the Tribunal; and

Note:

For oral applications, see also section 29AA.

(b) must be accompanied by any prescribed fee; and

oral--must contain a statement of the reasons for the

application; and

47 Subsection 29(1B)

Repeal the subsection.

48 Subsection 29(9)

Repeal the subsection, substitute:

(9) Before the Tribunal determines an application for an extension of

time, the Tribunal or an officer of the Tribunal may:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(a) give notice of the application to any persons the Tribunal or

officer considers to be affected by the application; or

(b) require the applicant to give notice to those persons.

49 Subsection 29(10)

Omit ", as prescribed,".

50 Subsection 29(11)

Repeal the subsection.

51 After section 29

Insert:

29AA Oral applications

(1) If a person makes an oral application as referred to in

subparagraph 29(1)(a)(ii), the person receiving the application

must:

(a) make a written record of the details of the application; and

(b) note on the record the day on which the application is made.

(2) If a person makes a written record of an oral application in

accordance with subsection (1), this Part has effect as if the written

record were an application in writing made on the day on which the

oral application was made.

29AB Insufficient statement of reasons for application

If the Tribunal considers that an applicant's statement under

paragraph 29(1)(c) does not clearly identify the respects in which

the applicant believes that the decision is not the correct or

preferable decision, the Tribunal may, by notice given to the

applicant, request the applicant to amend the statement

appropriately, within the period specified in the notice.

29AC Notice of application

(1) If an application is made to the Tribunal for a review of a decision,

the Registrar must give the following persons written notice of

receipt of the application:

(a) the applicant;

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

(b) the person who made the decision.

(2) The Tribunal or an officer of the Tribunal may, if satisfied that

another person's interests may be affected by the decision:

(a) give the other person written notice of the application and of

the person's right to apply to be made a party to the

proceeding under subsection 30(1A); or

(b) require the applicant to give the other person such a notice.

52 Section 29B (heading)

Repeal the heading, substitute:

29B Notice of application--review of security assessment

53 Subsections 30(1AA), 30A(1AA) and 31(2)

Omit "Security Appeals Division", substitute "Security Division".

54 Section 32

Repeal the section, substitute:

32 Representation before Tribunal

Parties

(1) At the hearing of a proceeding before the Tribunal, the following

parties may appear in person or be represented by another person:

(a) a party to a proceeding in a Division other than the Social

Services and Child Support Division;

(b) the agency party to a proceeding in the Social Services and

Child Support Division.

(2) At the hearing of a proceeding before the Tribunal in the Social

Services and Child Support Division, a party to the proceeding

(other than the agency party) may appear in person or, with the

Tribunal's permission, may be represented by another person.

(3) In deciding whether to grant permission for the purposes of

subsection (2), the Tribunal must have regard to:

(a) the Tribunal's objective in section 2A; and

(b) the wishes of the parties and the need to protect their privacy.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

Persons required to appear

(4) A person who is required to appear in a proceeding before the

Tribunal may, with the permission of the Tribunal, be represented

by another person.

55 After subsection 33(1AA)

Insert:

Parties etc. must assist Tribunal

(1AB) A party to a proceeding before the Tribunal, and any person

representing such a party, must use his or her best endeavours to

assist the Tribunal to fulfil the objective in section 2A.

56 Paragraph 33(2)(a)

Omit "Conference Registrar", substitute "officer".

57 At the end of subsection 33(2A)

Add:

; or (d) limit the number of witnesses who may be called to give

evidence (either generally or on a specified matter); or

(e) require witnesses to give evidence at the same time; or

(f) limit the time for giving evidence or making oral

submissions; or

(g) limit the length of written submissions.

58 Subsections 33(3) to (7)

Repeal the subsections.

59 At the end of Division 2 of Part IV

Add:

33A Participation by telephone etc.

(1) The Tribunal for the purposes of a hearing, or the person

conducting a directions hearing or alternative dispute resolution

process, may allow or require a person to participate by telephone

or by means of other electronic communications equipment.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

(2) Subsection (1) does not apply to a proceeding in the Security

Division to which section 39A applies.

60 Section 34

Repeal the section, substitute:

34 Scope of Division

This Division does not apply to:

(a) a proceeding in the Security Division to which section 39A

applies; or

(b) a proceeding in the Social Services and Child Support

Division.

61 Sections 34A to 34C

Repeal the sections, substitute:

34A Referral for alternative dispute resolution process

(1) If an application is made to the Tribunal, the President may direct

that the proceeding, or any part of it or matter arising out of the

proceeding, be referred to an alternative dispute resolution process.

(2) The President may give written directions in relation to persons

who are to conduct an alternative dispute resolution process. Any

such person must be:

(a) a member; or

(b) an officer of the Tribunal; or

(3) The parties to a proceeding referred to an alternative dispute

resolution process must act in good faith in relation to the conduct

of the alternative dispute resolution process.

62 At the end of section 34D

Add:

Variation or revocation of decision

(4) The Tribunal may vary or revoke so much of a decision as it made

in accordance with subsection (2) or (3) if:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(a) the parties, or their representatives, reach agreement on the

variation or revocation; and

(b) the terms of the agreement are reduced to writing, signed by

or on behalf of the parties and lodged with the Tribunal; and

Tribunal; and

(d) in the case of a variation--the Tribunal is satisfied that it

would have been within the powers of the Tribunal to have

made the decision as varied.

63 Section 34G

Repeal the section.

64 Section 34J

Before "If", insert "(1)".

65 At the end of section 34J

Add:

(2) However, despite paragraph (1)(b), the consent of the parties is not

required if the review is a second review.

66 Section 35

Repeal the section, substitute:

35 Public hearings and orders for private hearings, non-publication

and non-disclosure

Public hearing

(1) Subject to this section, the hearing of a proceeding before the

Tribunal must be in public.

Private hearing

(2) The Tribunal may, by order:

(a) direct that a hearing or part of a hearing is to take place in

private; and

(b) give directions in relation to the persons who may be present.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

Orders for non-publication or non-disclosure

(3) The Tribunal may, by order, give directions prohibiting or

restricting the publication or other disclosure of:

(a) information tending to reveal the identity of:

(i) a party to or witness in a proceeding before the

Tribunal; or

(ii) any person related to or otherwise associated with any

party to or witness in a proceeding before the Tribunal;

(b) information otherwise concerning a person referred to in

paragraph (a).

(4) The Tribunal may, by order, give directions prohibiting or

restricting the publication or other disclosure, including to another

party or parties, of information that:

(a) relates to a proceeding; and

(b) is any of the following:

(i) information that comprises evidence or information

about evidence;

(ii) information lodged with or otherwise given to the

Tribunal.

(5) In considering whether to give directions under subsection (2), (3)

or (4), the Tribunal is to take as the basis of its consideration the

principle that it is desirable:

(a) that hearings of proceedings before the Tribunal should be

held in public; and

(b) that evidence given before the Tribunal and the contents of

documents received in evidence by the Tribunal should be

made available to the public and to all the parties; and

should be made available to all the parties.

However (and without being required to seek the views of the

parties), the Tribunal is to pay due regard to any reasons in favour

of giving such a direction, including, for the purposes of

subsection (3) or (4), the confidential nature (if applicable) of the

information.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

Not applicable to Security Division review of security assessment

(6) This section does not apply in relation to a proceeding in the

Security Division to which section 39A applies.

Note:

See section 35AA.

67 Section 35AA

Repeal the section, substitute:

35AA Orders for non-publication and non-disclosure--certain

Security Division proceedings

(1) This section applies in relation to a proceeding in the Security

Division to which section 39A applies.

(2) The Tribunal may, by order, give directions prohibiting or

restricting the publication or other disclosure of:

(a) information tending to reveal the identity of:

(i) a party to or witness in the proceeding; or

(ii) any person related to or otherwise associated with any

party to or witness in the proceeding; or

(b) information otherwise concerning a person referred to in

paragraph (a); or

following:

(i) information that comprises evidence or information

about evidence;

(ii) information lodged with or otherwise given to the

Tribunal; or

(d) the whole or any part of its findings on the review.

68 Section 35A

Repeal the section.

69 Subsections 36(1AA), 36A(1AA), 36B(1AA), 36C(1AA) and

36D(1AA)

Omit "Security Appeals Division", substitute "Security Division".

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

70 Subsection 36D(3)

Omit "presidential".

71 Subsection 36D(5)

Omit "the Registrar, a District Registrar, a Conference Registrar or a

Deputy Registrar", substitute "an officer of the Tribunal".

72 Subsection 36D(5)

Omit "as Registrar, District Registrar, Conference Registrar or Deputy

Registrar", substitute "an officer of the Tribunal".

73 Subsection 37(1AAA)

Omit "Security Appeals Division", substitute "Security Division".

74 Subsections 37(1) to (1AB)

Repeal the subsections, substitute:

Decision-maker must lodge material documents

(1) Subject to this section, a person who has made a decision that is the

subject of an application for review (other than second review) by

the Tribunal must, within 28 days after receiving notice of the

application (or within such further period as the Tribunal allows),

lodge with the Tribunal a copy of:

(a) a statement setting out the findings on material questions of

fact, referring to the evidence or other material on which

those findings were based and giving the reasons for the

decision; and

(b) subject to any directions given under section 18B, every

other document that is in the person's possession or under the

person's control and is relevant to the review of the decision

by the Tribunal.

(1AAB) Subject to this section, if the Tribunal has made a decision that is

the subject of an application for second review:

(a) the person who made the decision that was reviewed by the

Tribunal; or

(b) for an application referred to in paragraph 96A(a) or (c) of

the Child Support (Registration and Collection) Act 1988--

the Registrar within the meaning of that Act;

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

must, within 28 days after receiving notice of the application (or

within such further period as the Tribunal allows), lodge with the

Tribunal a copy of any document of a kind referred to in

paragraph (1)(b) that is required to be lodged by a direction given

under section 18B.

(1AA) The Tribunal may direct a person who is required to lodge a copy

of a statement or document under subsection (1) or (1AAB) to

lodge a specified number of additional copies with the Tribunal,

within the specified period. The person must comply with the

direction.

Document setting out reasons for decision may be lodged instead

of statement

(1AB) The Tribunal may direct a person who is required to lodge a copy

of a statement under paragraph (1)(a) to lodge instead of that

statement a copy of a document setting out the reasons for the

relevant decision, within the specified period. The person must

comply with the direction.

75 Subsection 37(1AC)

Omit "2 copies", substitute "a copy".

76 Subsection 37(1AE)

Repeal the subsection, substitute:

Statement of reasons and relevant documents to be given to other

parties

(1AE) A person who is required under subsection (1), (1AAB) or (1AB)

to lodge a copy of a statement or document with the Tribunal

within a particular period must, unless the Tribunal directs

otherwise, also give a copy of the statement or document to each

other party to the proceeding, within the same period.

77 Paragraph 37(1AF)(a)

Omit "to lodge 2 copies of a document or a part", substitute "or

subsection (1AAB) to lodge a copy".

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

78 Subparagraph 37(1AF)(b)(i)

Repeal the subparagraph, substitute:

(i) applies to the Tribunal for a direction under

subsection 35(3) or (4) in relation to the document and

lodges with the Tribunal, together with the application

for the direction, a copy of the document; and

79 Subsection 37(1AF)

Omit "paragraph (1)(b) in relation to the document or part of",

substitute "paragraph (1)(b) or subsection (1AAB) in relation to".

80 Subsection 37(1AG)

Omit "in relation to any document or part of", substitute "or

subsection (1AAB) in relation to".

81 Subsection 37(1A)

After "subsection (1)", insert "or (1AAB)".

82 Subsection 37(1A)

Omit "the copies", substitute "the copy".

83 Subsection 37(1A)

Omit ", as prescribed,".

84 Subsection 37(1A)

Omit "those copies", substitute "the copy".

85 Subsection 37(1B)

After "subsection (1)", insert "or (1AAB)".

86 Subsection 37(1C)

Omit ", as prescribed,".

87 Section 38

Repeal the section, substitute:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

38 Power of Tribunal to obtain additional statements

(1) The Tribunal may order a person who has lodged a statement with

the Tribunal in accordance with paragraph 37(1)(a) to lodge an

additional statement with the Tribunal, within the time specified in

the order, containing further and better particulars in relation to any

one or more of the following:

(a) particulars of findings on material questions of fact;

(b) reference to the evidence or other material on which those

findings were based;

(2) Subsection (1) does not apply to a proceeding in the Security

Division to which section 39A applies.

38AA Ongoing requirement for lodging material documents with

Tribunal

(1) If:

(a) subsection 37(1) or (1AAB) applies to a person in relation to

an application for review of a decision; and

(b) at any time after the end of the applicable period under the

subsection and before the Tribunal determines the review:

(i) the person obtains possession of a document; and

(ii) the document is relevant to the review; and

(iii) a copy of the document has not been lodged with the

Tribunal in accordance with the subsection;

the person must, subject to any directions given under section 18B,

lodge a copy of the document with the Tribunal as soon as

practicable after obtaining possession.

(2) Subsections 37(1AA), (1AE), (1AF) and (1AG) apply in relation to

the requirement in subsection (1) of this section as if:

(a) that requirement were the requirement referred to in those

subsections; and

(b) the references in subsections 37(1AE) and (1AF) to lodging

or giving within a period were references to lodging or giving

as soon as practicable.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

88 Section 39 (heading)

Repeal the heading, substitute:

39 Submissions--Divisions other than Security Division and Social

Services and Child Support Division

89 Subsection 39(2)

Repeal the subsection, substitute:

(2) This section does not apply to:

(a) a proceeding in the Security Division to which section 39A

applies; or

(b) a proceeding in the Social Services and Child Support

Division (see section 39AA).

(3) This section does not limit subsection 25(4A) (Tribunal may

determine scope of review).

90 After section 39

Insert:

39AA Submissions--Social Services and Child Support Division

Parties other than agency parties

(1) A party (other than the agency party) to a proceeding before the

Tribunal in the Social Services and Child Support Division may

make oral or written submissions to the Tribunal, or both oral and

written submissions.

Agency parties

(2) The agency party to a proceeding before the Tribunal in the Social

Services and Child Support Division may make written

submissions to the Tribunal.

(3) The agency party may, by writing, request the Tribunal for

permission to make:

(a) oral submissions to the Tribunal; or

(b) both oral and written submissions to the Tribunal.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

The request must explain how such submissions would assist the

Tribunal.

(4) The Tribunal may, by writing, grant the request if, in the opinion of

the Tribunal, such submissions would assist the Tribunal.

(5) The Tribunal may order the agency party to a proceeding in the

Social Services and Child Support Division to make:

(a) oral submissions to the Tribunal; or

(b) written submissions to the Tribunal; or

if, in the opinion of the Tribunal, such submissions would assist the

Tribunal.

91 Section 39A (heading)

Repeal the heading, substitute:

39A Procedure in Security Division review of security assessment

92 Subsection 39A(4)

Omit "The presidential member who is to preside, or is presiding, at",

substitute "A member who is to participate, or who is participating, in".

93 Subsection 39A(17)

Omit "presidential member presiding", substitute "presiding member".

94 Section 39B (heading)

Repeal the heading, substitute:

39B Certain documents and information not to be disclosed in

Security Division review of security assessment

95 Subsection 39B(1)

Omit "Security Appeals Division", substitute "Security Division".

96 Paragraph 39B(5)(b)

Omit "presidential member presiding", substitute "presiding member".

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

97 Subsection 39B(5)

Omit "presidential member may", substitute "presiding member may".

98 Subsection 39B(6) (heading)

Repeal the heading, substitute:

What presiding member must consider in deciding whether to

authorise disclosure of information etc.

99 Paragraphs 39B(6)(a) and (b)

Omit "presidential member", substitute "presiding member".

100 Subsections 40(1A) to (1E)

Repeal the subsections.

101 Paragraphs 40(2)(b) and (c)

Repeal the paragraphs, substitute:

(b) may administer an oath or affirmation to a person so

appearing before the Tribunal.

102 Subsections 40(3) to (6)

Repeal the subsections, substitute:

Power to take evidence

(3) The power (the evidence power) of the Tribunal under

paragraph (1)(a) to take evidence on oath or affirmation in a

particular proceeding may be exercised on behalf of the Tribunal

by:

(a) the presiding member in relation to the review; or

(b) another person (whether or not a member) authorised in

writing by that member.

(4) The evidence power may be exercised:

(a) inside or outside Australia; and

(b) subject to any limitations or requirements specified by the

Tribunal.

(5) If a person other than the presiding member has the evidence

power:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(a) the person has, for the purpose of taking the evidence, the

powers of the Tribunal and the presiding member under

subsections (1) and (2); and

(b) this Act applies in relation to the person, for the purpose of

taking the evidence in the exercise of those powers, as if the

person were the Tribunal or the presiding member.

103 After section 40

Insert:

40A Power to summon person to give evidence or produce

documents

(1) For the purposes of a proceeding before the Tribunal, the President,

an authorised member or an officer of the Tribunal may summon a

person to do either or both of the following, on the day, and at the

time and place, specified in the summons:

(a) appear before the Tribunal to give evidence;

(b) produce any document or other thing specified in the

summons.

Note:

This section does not apply in relation to proceedings in the Social

Services and Child Support Division, as a result of provisions in the

enactments that authorise applications for reviews that will be heard in

that Division.

(2) The President or an authorised member may refuse a request to

summon a person.

(3) A person may, before the day specified in the summons, comply

with a summons to produce a document or thing by producing the

document or thing at the Registry from which the summons was

issued. If the person does so, the person is not required to attend

the hearing of the proceeding unless:

(a) the summons or another summons requires the person to

appear before the Tribunal; or

(b) the Tribunal directs the person to attend the hearing.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

40B Inspection of documents produced under summons

(1) Any of the following persons may give a party to a proceeding

leave to inspect a document or other thing produced under a

summons in relation to the proceeding:

(a) the President;

(b) an authorised member;

Note:

This section does not apply in relation to proceedings in the Social

Services and Child Support Division, as a result of provisions in the

enactments that authorise applications for reviews that will be heard in

that Division.

(2) However, an authorised officer must not make a decision about

giving leave, and must instead arrange for the President or an

authorised member of the Tribunal to make the decision, if:

(a) the officer considers that it is not appropriate for the officer

to make the decision; or

(b) a party to the proceeding applies to the officer to have the

decision made by a member of the Tribunal.

(3) If an authorised officer decided whether to give a party to a

proceeding leave to inspect a document produced under a

summons:

(a) a party to the proceeding may apply to the Tribunal, within 7

days or an extended time allowed by the Tribunal, to

reconsider the decision; and

(b) the Tribunal may reconsider the decision on such an

application or its own initiative; and

to the giving of leave to inspect the document.

104 Subsection 41(2)

Omit ", as prescribed,".

105 At the end of subsection 41(2)

Add:

Note:

This section does not apply in relation to proceedings in the Social

Services and Child Support Division, as a result of provisions in the

enactments that authorise applications for reviews that will be heard in

that Division.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

106 Subsection 41(3)

Omit ", as prescribed,".

107 Section 42

Repeal the section, substitute:

42 Resolving disagreements

(1) If the Tribunal is constituted for the purposes of a proceeding by 3

members, a disagreement between the members is to be settled

according to the opinion of the majority of the members.

(2) If the Tribunal is constituted for the purposes of a proceeding by 2

members, a disagreement between the members is to be settled

according to the opinion of the presiding member.

108 After subsection 42A(1)

Insert:

(1AAA) For the purposes of subsection (1), the consent of the agency party

to a proceeding in the Social Services and Child Support Division

is not required.

109 After subsection 42A(1A)

Insert:

(1AA) If a proceeding is in the Social Services and Child Support

Division and is not a child support first review, the person may

notify the Tribunal orally of the withdrawal or discontinuance. The

person who receives the notification must make a written record of

the day of receipt.

110 Subsection 42A(1B)

Omit "so given", substitute "given in accordance with subsection (1A)

or (1AA)".

111 Subsections 42A(3) to (4)

Repeal the subsections, substitute:

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

Dismissal if decision is not reviewable

(4) The Tribunal may dismiss an application without proceeding to

review the decision if the Tribunal is satisfied that the decision is

not reviewable by the Tribunal.

112 Subsection 42A(6)

Repeal the subsection.

113 Subsection 42A(7)

Omit "conference, mediation", substitute "alternative dispute resolution

process".

114 Subsection 42A(8)

Omit "the person who made the application may, within 28 days after

receiving notification that the application has been dismissed",

substitute "a party to the proceeding may, within the period referred to

in subsection (8A)".

115 After subsection 42A(8)

Insert:

(8A) For the purposes of subsection (8), the period is:

(a) 28 days after the person receives notification that the

application has been dismissed; or

(b) if the person requests an extension--such longer period as

the Tribunal, in special circumstances, allows.

116 Section 42B

Repeal the section, substitute:

42B Power of Tribunal if a proceeding is frivolous, vexatious etc.

(1) The Tribunal may dismiss an application for the review of a

decision, at any stage of the proceeding, if the Tribunal is satisfied

that the application:

(a) is frivolous, vexatious, misconceived or lacking in substance;

(b) has no reasonable prospect of success; or

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(2) If the Tribunal dismisses an application under subsection (1), it

may, on application by a party to the proceeding, give a written

direction that the person who made the application must not,

without leave of the Tribunal, make a subsequent application to the

Tribunal of a kind or kinds specified in the direction.

(3) The direction has effect despite any other provision of this Act or

any other Act.

117 At the end of section 42C

Add:

Limitation for administrative assessments of child support

(4) The Tribunal must not act in accordance with subsection (2) or (3)

to give effect to an agreement in relation to a departure from

administrative assessment of child support in accordance with

Part 6A of the Child Support (Assessment) Act 1989, unless it is

satisfied that it is just and equitable and otherwise proper to do so,

having regard to the matters set out in subsections 117(4) and (5)

of that Act.

Variation or revocation of decisions other than on child support

first reviews

(5) The Tribunal may vary or revoke so much of a decision as it made

in accordance with subsection (2) or (3) if:

(a) the parties, or their representatives, reach agreement on the

variation or revocation; and

(b) the terms of the agreement are reduced to writing, signed by

or on behalf of the parties and lodged with the Tribunal; and

Tribunal; and

(d) in the case of a variation--the Tribunal is satisfied that it

would have been within the powers of the Tribunal to have

made the decision as varied.

(6) Subsection (5) does not apply to a decision made on child support

first review.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

118 Subsection 42D(1)

After "review of a decision", insert "other than a proceeding in the

Social Services and Child Support Division".

119 After subsection 43(5)

Insert:

Tribunal must notify parties of further review rights

(5AA) When the Tribunal gives a party to a proceeding a copy of its

decision, the Tribunal must also give the party a written notice that

includes a statement setting out the following, as applicable:

(a) the party's right to apply for second review of the decision;

(b) the party's right to appeal to a court on a question of law.

(5AB) Subsection (5AA) does not apply in relation to the agency party to

a proceeding in the Social Services and Child Support Division.

(5AC) A failure to comply with subsection (5AA) in relation to a decision

of the Tribunal does not affect the validity of the decision.

120 Subsection 43(4)

Omit ", a District Registrar or a Deputy Registrar".

121 Section 43AAA (heading)

Repeal the heading, substitute:

43AAA Findings of Tribunal in Security Division review of security

assessment

122 Subsection 43AAA(1)

Omit "review conducted by the Security Appeals Division", substitute

"review in the Security Division".

123 Section 43A

Repeal the section.

124 After section 43B

Insert:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

43C Part does not apply in relation to certain migration decisions

This Part does not apply to an application in relation to, or a

proceeding for the review of, any of the following within the

meaning of the Migration Act 1958:

(a) a privative clause decision;

(b) a purported privative clause decision;

125 At the end of subsection 44(1)

Add:

Note 1:

This Part does not apply to certain migration proceedings (see

section 43C).

Note 2:

A party to a child support first review may in some instances appeal

instead to the Federal Circuit Court (see section 44AAA).

126 After subsection 44(1)

Insert:

(1A) Subsection (1) does not apply in relation to a proceeding in the

Social Services and Child Support Division, other than a

proceeding:

(a) that is a child support first review; or

(b) for review of an AAT reviewable employer decision within

the meaning of the Paid Parental Leave Act 2010.

127 At the end of subsection 44(2)

Add:

Note:

This Part does not apply to applications in relation to certain migration

decisions (see section 43C).

128 Subparagraph 44(3)(b)(i)

Omit "a presidential member", substitute "a Deputy President who is

not a Judge".

129 After section 44

Insert:

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

44AAA Appeals to Federal Circuit Court from decisions of the

Tribunal in relation to child support first reviews

(1) If the Tribunal as constituted for the purposes of a proceeding that

is a child support first review does not consist of or include a

presidential member, a party to the proceeding may appeal to the

Federal Circuit Court of Australia, on a question of law, from any

decision of the Tribunal in that proceeding.

(2) The following provisions of this Part apply in relation to any such

appeal as if the appeal were an appeal under subsection 44(1) and a

reference in those provisions to the Federal Court of Australia were

a reference to the Federal Circuit Court of Australia:

(a) subsections 44(2A) to (10) (other than paragraphs 44(3)(a) to

(c));

(b) section 44A (other than subsection (2A));

(3) Paragraph 44(2A)(b) applies in relation to any such appeal as if the

reference in that paragraph to rules of court made under the

Federal Court of Australia Act 1976 were a reference to rules of

court made under the Federal Circuit Court of Australia Act 1999.

(4) Subsection (1) does not affect the operation of subsection 44(1) in

relation to a proceeding that is a child support first review.

130 Subsections 45(1) and (2)

Repeal the subsections, substitute:

(1) The Tribunal may, with the agreement of the President, refer a

question of law arising in a proceeding before the Tribunal to the

Federal Court of Australia for decision. The Tribunal may do so on

its own initiative or at the request of a party to the proceeding.

Note:

This Part does not apply to certain migration proceedings (see

section 43C).

(2) The Federal Court of Australia has jurisdiction to hear and

determine a question of law referred to it under this section.

(2A) If, after consulting the President, the Chief Justice of the Court

considers it appropriate, that jurisdiction is to be exercised by the

Court constituted as a Full Court.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

131 Paragraph 46(1)(a)

After "appeal or reference relates", insert "and are relevant to the appeal

or reference".

132 Section 59A

Repeal the section, substitute:

59A Authorised members

(1) The President may, in writing, authorise a member to be an

authorised member for the purposes of one or more specified

provisions of this Act or any other enactment.

(2) The authorisation may be general or limited to specified decisions

or proceedings.

59B Authorised officers

(1) The President may, in writing, authorise an officer of the Tribunal

to be an authorised officer for the purposes of one or more

specified provisions of this Act or any other enactment.

(2) The authorisation may be general or limited to specified decisions

or proceedings.

133 Section 60 (heading)

Repeal the heading, substitute:

60 Protection of members, alternative dispute resolution

practitioners, officers of the Tribunal, barristers and

witnesses

134 Subsections 60(1B) and (1C)

Repeal the subsections, substitute:

Officers of the Tribunal

(1B) An officer of the Tribunal has, in the performance of his or her

duties as an officer of the Tribunal under subsections 29(9) and

29AC(2), paragraph 33(2)(a) and sections 40, 40A, 40B and 69A,

the same protection and immunity as a Justice of the High Court.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

135 Section 61

Repeal the section, substitute:

61 Failure to comply with summons

(1) A person commits an offence if:

(a) the person is given, in accordance with any applicable

regulations or directions, a summons referred to in

section 40A; and

(b) the person fails to comply with the summons.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(2) Subsection (1) does not apply if complying with the summons

might tend to incriminate the person.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

136 Subsection 62(1)

Omit "is guilty of", substitute "commits".

137 Subsection 62(1) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

138 Subsection 62(2)

Repeal the subsection.

139 Subsection 62(3)

Omit "is guilty of", substitute "commits".

140 Subsection 62(3) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

141 Subsections 62(4) to (6)

Repeal the subsections, substitute:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(4) Subsection (3) does not apply if answering the question might tend

to incriminate the person.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (4) (see subsection 13.3(3) of the Criminal Code).

142 Section 62A

Omit "is guilty of", substitute "commits".

143 Section 62A (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

144 Sections 63 to 65

Repeal the sections, substitute:

62C Breach of non-disclosure order

A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct contravenes an order under subsection 35(3) or

(4) or 35AA(2).

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

63 Contempt of Tribunal

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct obstructs or hinders the Tribunal or a member in

the performance of the functions of the Tribunal.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(2) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct would, if the Tribunal were a court of record,

constitute a contempt of that court.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

64 Registries

The Minister may establish such registries of the Tribunal as the

Minister thinks fit.

145 Subsections 66(1) and (2)

Repeal the subsections, substitute:

Protected documents and information

(1) An entrusted person must not be required to produce a protected

document, or disclose protected information, to a court except so

far as necessary for the purposes of carrying into effect the

provisions of this Act or another enactment conferring powers on

the Tribunal.

(2) An entrusted person must not be required to produce a protected

document, or disclose protected information, to a parliament if:

(a) the document or information relates to a Part 7-reviewable

decision within the meaning of the Migration Act 1958; and

(b) the production or disclosure is not necessary for the purposes

of carrying into effect the provisions of this Act or another

enactment conferring powers on the Tribunal.

146 Subsection 66(4)

Insert:

entrusted person means any of the following:

(a) a person who is or has been a member of the Tribunal;

(b) a person who is or has been an officer of the Tribunal;

Tribunal;

(d) a person who is or has been engaged by the Tribunal to

provide services to the Tribunal during a proceeding before

the Tribunal.

parliament means:

(a) a House of the Parliament of the Commonwealth, of a State

or of a Territory; or

(b) a committee of a House or the Houses of the Parliament of

the Commonwealth, of a State or of a Territory.

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

protected: a document or information is protected if it concerns a

person and was obtained by an entrusted person in the course of the

entrusted person's duties.

147 After section 66A

Insert:

66B Publication of Tribunal decisions

(1) The Tribunal may, by any means it considers appropriate, publish

its decisions and the reasons for them.

(2) Subsection (1) does not authorise the Tribunal to publish

information the disclosure of which is prohibited or restricted by or

under this Act or any other enactment conferring jurisdiction on the

Tribunal.

148 Section 67

Repeal the section, substitute:

67 Fees for compliance with summons

(1) A person who, under a prescribed provision of this Act or another

enactment, is required to give evidence, or produce a document or

give information, for the purposes of a proceeding before the

Tribunal is to be paid, in accordance with the regulations, any fee

or allowance prescribed by the regulations in relation to

compliance with the requirement.

(2) Without limiting the matters that may be dealt with by regulations

made for the purposes of subsection (1), the regulations may:

(a) prescribe circumstances in which a fee or allowance is not

payable; or

(b) provide that a fee or allowance is to be paid:

(i) if the requirement was made of the person at the request

of a party to the proceeding--by the party; or

(ii) by the Commonwealth.

149 Sections 68 and 68AA

Repeal the sections, substitute:

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

68 Giving documents

(1) A document or thing that is required or permitted by this Act or

another enactment to be lodged with or given to the Tribunal must

be lodged or given:

(a) in the manner prescribed by regulations made under this Act

or the other enactment; or

(b) if those regulations do not prescribe a manner--in

accordance with any direction under section 18B.

(2) A document that is required or permitted by this Act or another

enactment to be given to a person for the purposes of a proceeding

before the Tribunal must be given to the person:

(a) in the manner prescribed by regulations made under this Act

or the other enactment; or

(b) if those regulations do not prescribe a manner--in

accordance with any direction under section 18B.

(3) Subsections (1) and (2) do not apply to the extent to which this Act

or another enactment specifies how a document or thing is to be

lodged with or given to the Tribunal, or given to a person, for the

purposes of a proceeding before the Tribunal.

68AA President's directions

If the President gives a direction that, under this Act, is to be a

written direction, a failure to give the direction in writing does not

invalidate anything done in accordance with or otherwise in

relation to or as a consequence of the direction.

150 Section 68A

Before "If", insert "(1)".

151 At the end of section 68A

Add:

(2) Subsection (1) does not apply in relation to a proceeding in the

Migration and Refugee Division.

152 At the end of section 69

Add:

Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975

Tribunals Amalgamation Bill 2014

No. , 2014

(3) This section does not apply if the powers of the Tribunal in relation

to the application, proceeding or matter concerned are or would be

exercisable in the Migration and Refugee Division or the Social

Services and Child Support Division.

153 Section 69A

Repeal the section, substitute:

69A Procedure for taxing costs

(1) If:

(a) the Tribunal has, under this Act or another enactment,

ordered a party to a proceeding to pay reasonable costs

incurred by another party; and

(b) the parties cannot agree on the amount of those costs;

the Tribunal or an officer of the Tribunal may tax the costs.

(2) If an officer of the Tribunal has taxed the costs in accordance with

subsection (1), either party may apply to the Tribunal for review of

the taxed amount.

(3) If a party does so, the Tribunal must review the taxed amount and

may:

(a) affirm the amount; or

(b) set aside the amount and substitute another amount; or

Tribunal to be taxed in accordance with the directions of the

Tribunal.

(4) An amount that a party to a proceeding is required to pay to

another party under an order made by the Tribunal is recoverable

by the other party as a debt due to the other party by the

first-mentioned party.

154 Section 69B (heading)

Repeal the heading, substitute:

69B Costs in Security Division review of security assessment

155 After section 69B

Insert:

Amendment of the Administrative Appeals Tribunal Act 1975 Schedule 1

No. , 2014

Tribunals Amalgamation Bill 2014

69BA Termination of certain applications

(1) Sections 42A and 42B, except subsection 42A(4), apply in relation

to an application described in paragraph (b), (c), (d), (e), (f) or (h)

of the definition of proceeding in subsection 3(1) in the same way

as those sections apply in relation to an application for a review of

a decision.

(2) Subsection 42A(1) applies under subsection (1) of this section as if

it did not include the words "without proceeding to review the

decision or, if the Tribunal has commenced to review the decision,

without completing the review".

(3) Subsections 42A(1B) and (5) and paragraph 42A(2)(a) apply under

subsection (1) of this section as if they did not include the words

"without proceeding to review the decision".

(4) Subsection 42A(2) applies under subsection (1) of this section as if

it did not include the words "(not being the person who made the

decision)".

156 Section 69C

Before "The", insert "(1)".

157 At the end of section 69C

Add:

(2) Subsection (1) does not apply to an application for review of a

decision that is reviewable in the Migration and Refugee Division.

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Schedule 2

--Migration amendments

Part 1

--Main amendments

Migration Act 1958

1 Subsection 5(1)

Insert:

AAT Act migration decision: see section 474A.

2 Subsection 5(1) (at the end of the definition of migration

decision)

Add:

; or (d) an AAT Act migration decision.

3 Subsection 5(1) (definition of Migration Review Tribunal)

Repeal the definition.

4 Subsection 5(1)

Insert:

Part 5-reviewable decision: see section 338.

5 Subsection 5(1)

Insert:

Part 7-reviewable decision: see section 411.

6 Subsection 5(1) (definition of Refugee Review Tribunal)

Repeal the definition.

7 Subsection 5(1) (definition of RRT-reviewable decision)

Repeal the definition.

8 Subsection 5(1)

Insert:

Tribunal means the Administrative Appeals Tribunal.

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

9 Paragraphs 5(9A)(a) to (d)

Repeal the paragraphs, substitute:

(a) subsection 368(2) (written decisions about Part 5-reviewable

decisions);

(b) subsection 368D(1) (oral decisions about Part 5-reviewable

decisions);

(d) subsection 430D(1) (oral decisions about Part 7-reviewable

decisions).

10 Paragraphs 5(9B)(a) and (b)

Repeal the paragraphs, substitute:

(a) a decision of the Tribunal to remit a Part 5-reviewable

decision under paragraph 349(2)(c);

(a) a decision of the Tribunal to remit a Part 7-reviewable

decision under paragraph 415(2)(c);

11 Subsection 5(9B) (note)

Repeal the note.

12 Paragraph 91G(2)(a)

Omit "the Migration Review Tribunal, the Refugee Review Tribunal,".

13 Section 99

Omit "or a person or Tribunal", substitute ", a person or the Tribunal"

14 Section 103

Omit "a tribunal", substitute "the Tribunal".

15 Subsection 114(1)

Omit ", the Administrative Appeals Tribunal, the Migration Review

Tribunal or the Refugee Review Tribunal", substitute "or the

Administrative Appeals Tribunal".

16 Paragraph 178(2)(b)

Omit ", 391, 417 or 454", substitute "or 417".

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

17 Subsection 261AKD(2) (paragraph (c) of the definition of

permitted provision)

Omit "or tribunal", substitute ", the Tribunal or another tribunal,".

18 Subsection 271(4) (definition of migration proceedings)

Repeal the definition, substitute:

migration proceedings means:

(a) proceedings in a court (including criminal proceedings):

(i) under this Act, or in relation to an offence against this

Act or a contravention of a civil penalty provision; or

(ii) in relation to a deportation order; or

(b) proceedings in the Tribunal for the review of a decision

under this Act, including a decision to make a deportation

order.

Note:

For offence against this Act, see subsection 5(1).

19 Section 275 (paragraph (a) of the definition of review

authority)

Omit "Migration Review Tribunal", substitute "the Tribunal in

reviewing a Part 5-reviewable decision".

20 Section 275 (paragraph (b) of the definition of review

authority)

Omit "Refugee Review Tribunal", substitute "the Tribunal in reviewing

a Part 7-reviewable decision".

21 Paragraph 276(2A)(a)

Omit "391, 417, 454", substitute "417".

22 Subsection 277(4)

Omit "391, 417, 454", substitute "417".

23 Paragraph 282(4)(e)

Omit "391, 417, 454", substitute "417".

24 Paragraph 336E(2)(f)

Omit "or tribunal", substitute ", the Tribunal or another tribunal,".

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

25 Part 5 (heading)

Repeal the heading, substitute:

Part 5--Review of Part 5-reviewable decisions

26 Before section 337

Insert:

336M Simplified outline of this Part

This Part provides for the review of Part 5-reviewable decisions by

the Administrative Appeals Tribunal in its Migration and Refugee

Division.

Part 5-reviewable decisions relate to the grant or cancellation of

visas in some circumstances. They do not include decisions

relating to protection visas or temporary safe haven visas, or

decisions in relation to which the Minister has given a conclusive

certificate.

Part 7-reviewable decisions (which generally relate to protection

visas) are reviewable in accordance with Part 7 by the

Administrative Appeals Tribunal in its Migration and Refugee

Division.

Some other decisions under this Act may be reviewed by the

Administrative Appeals Tribunal in its General Division, including

the following:

(a)

some decisions to cancel business visas;

(b)

some decisions relating to migration agents;

(c)

some decisions relating to deportation, protection visas

and the refusal or cancellation of visas on character

grounds.

336N Scope of this Part

(1) This Part applies in relation to the review by the Tribunal of

Part 5-reviewable decisions (see section 338).

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

(2) The Tribunal's powers in relation to Part 5-reviewable decisions

may be exercised by the Tribunal only in its Migration and

Refugee Division.

27 Section 337

Repeal the following definitions:

(a) definition of Deputy Principal Member;

(b) definition of MRT-reviewable decision.

28 Section 337

Insert:

officer of the Tribunal has the meaning given by the

Administrative Appeals Tribunal Act 1975.

Part 5-reviewable decision: see section 338.

29 Section 337

Repeal the following definitions:

(a) definition of presiding member;

(b) definition of Principal Member;

(d) definition of Tribunal.

30 At the end of section 337

Add:

Note:

"Tribunal" means the Administrative Appeals Tribunal. See the

definition in subsection 5(1).

31 Division 2 of Part 5 (heading)

Repeal the heading, substitute:

Division 2--Part 5-reviewable decisions

32 Section 338 (heading)

Repeal the heading, substitute:

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

338 Definition of Part 5-reviewable decision

33 At the end of section 339

Add:

Note:

If the Minister issues a conclusive certificate in relation to a decision,

the decision is not a Part 5-reviewable decision (see

subsections 338(1) and 348(2)).

34 Division 3 of Part 5 (heading)

Repeal the heading, substitute:

Division 3--Part 5-reviewable decisions: Tribunal review

35 Section 347 (heading)

Repeal the heading, substitute:

347 Application for review of Part 5-reviewable decisions

36 Section 348 (heading)

Repeal the heading, substitute:

348 Tribunal to review Part 5-reviewable decisions

37 Section 349 (heading)

Repeal the heading, substitute:

349 Tribunal powers on review of Part 5-reviewable decisions

38 Section 352 (heading)

Repeal the heading, substitute:

352 Tribunal to notify Secretary of application for review of

Part 5-reviewable decisions

39 Subsection 352(1)

Omit "Migration Review Tribunal", substitute "Tribunal".

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

40 Subsection 352(3)

Omit "an MRT-reviewable decision covered by subsection 338(4)",

substitute "a decision covered by subsection 338(4) (certain bridging

visa decisions)".

41 Division 4 of Part 5 (heading)

Repeal the heading, substitute:

Division 4--Part 5-reviewable decisions: Tribunal powers

42 Subsection 353(1)

Repeal the subsection.

43 Subsection 353(2)

Omit "(2)".

44 Subsection 353(2)

Omit "decision", substitute "Part 5-reviewable decision".

45 Sections 353A, 354, 355, 355A, 356 and 357

Repeal the sections.

46 Division 5 of Part 5 (heading)

Repeal the heading, substitute:

Division 5--Part 5-reviewable decisions: conduct of review

47 At the end of subsection 361(4)

Add "(certain bridging visa decisions)".

48 Section 362 (heading)

Repeal the heading, substitute:

362 Certain bridging visa decisions--request to call witnesses

49 Paragraph 363(1)(c)

Omit "sections 377 and 378", substitute "section 378".

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

50 Subsection 363(2)

Omit "reviewable decisions", substitute "Part 5-reviewable decisions".

51 Subsection 363(3)

Omit "presiding member in relation to a review may", substitute

"Tribunal may, for the purposes of a review".

52 Paragraph 363(3)(b)

Omit "such documents as are", substitute "the documents or things".

53 Subsection 363(4)

Omit "presiding member shall not", substitute "Tribunal must not".

54 Subsection 363(5)

Repeal the subsection.

55 Section 364

Repeal the section, substitute:

364 Tribunal's power to take evidence

(1) The power (the evidence power) of the Tribunal under

paragraph 363(1)(a) to take evidence on oath or affirmation in a

particular review may be exercised on behalf of the Tribunal by:

(a) a member conducting the review; or

(b) another person (whether or not a member) authorised in

writing by that member.

(2) The evidence power may be exercised:

(a) inside or outside Australia; and

(b) subject to any limitations or requirements specified by the

Tribunal.

(3) If a person other than a member conducting the review has the

evidence power:

(a) the person has, for the purpose of taking the evidence, the

powers of the Tribunal under subsection 363(1) and

paragraphs 363(3)(c) and (d); and

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

(b) this Part applies in relation to the person, for the purpose of

taking the evidence in the exercise of those powers, as if the

person were the Tribunal; and

made and sent to the member who authorised the person to

exercise the evidence power; and

(d) for the purposes of section 360, if that member receives the

record of evidence, the Tribunal is taken to have given the

applicant an opportunity to appear before it to give evidence.

56 Section 367 (heading)

Repeal the heading, substitute:

367 Certain bridging visa decisions--to be made within prescribed

period

57 Subsection 367(1)

Omit "an MRT-reviewable decision covered by subsection 338(4)",

substitute "a decision covered by subsection 338(4) (certain bridging

visa decisions)".

58 Division 6 of Part 5 (heading)

Repeal the heading, substitute:

Division 6--Part 5-reviewable decisions: Tribunal decisions

59 Section 369

Repeal the section.

60 Division 7 of Part 5

Repeal the Division, substitute:

Division 7--Part 5-reviewable decisions: offences

370 Failure to comply with summons

(1) A person commits an offence if:

(a) the person is given a summons under section 363; and

(b) the person fails to comply with the summons.

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(2) Subsection (1) does not apply if complying with the summons

might tend to incriminate the person.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

371 Refusal to be sworn or to answer questions

Oath or affirmation

(1) A person commits an offence if:

(a) the person appears as a witness before the Tribunal for the

purposes of a proceeding under this Part; and

(b) the person has been required under section 363 either to take

an oath or to make an affirmation; and

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

Questions

(2) A person commits an offence if:

(a) the person appears as a witness before the Tribunal for the

purposes of a proceeding under this Part; and

(b) the Tribunal has required the person to answer a question for

the purposes of the proceeding; and

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Subsection (2) does not apply if answering the question might tend

to incriminate the person.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

61 Division 8 of Part 5 (heading)

Repeal the heading, substitute:

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Division 8--Part 5-reviewable decisions: miscellaneous

62 Sections 373, 374, 377 and 379

Repeal the sections.

63 Division 8A of Part 5 (heading)

Repeal the heading, substitute:

Division 8A--Part 5-reviewable decisions: giving and

receiving documents

64 Section 379E

Repeal the section.

65 Subsection 379F(1)

Omit "(1)".

66 Paragraph 379F(1)(b)

Omit "section 353A", substitute "section 18B of the Administrative

Appeals Tribunal Act 1975".

67 Subsection 379F(2)

Repeal the subsection.

68 Division 9 of Part 5

Repeal the Division.

69 Part 6

Repeal the Part.

70 Part 7 (heading)

Repeal the heading, substitute:

Part 7--Review of Part 7-reviewable decisions

71 Before section 410

Insert:

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

408 Simplified outline of this Part

This Part provides for the review of Part 7-reviewable decisions by

the Administrative Appeals Tribunal in its Migration and Refugee

Division.

Part 7-reviewable decisions relate to the grant or cancellation of

protection visas in some circumstances. They do not include

decisions in relation to which the Minister has given a conclusive

certificate.

Part 5-reviewable decisions (which relate to the grant or

cancellation of visas other than protection visas in some

circumstances) are reviewable in accordance with Part 5 by the

Administrative Appeals Tribunal in its Migration and Refugee

Division.

Some other decisions under this Act may be reviewed by the

Administrative Appeals Tribunal in its General Division, including

the following:

(a)

some decisions to cancel business visas;

(b)

some decisions relating to migration agents;

(c)

some decisions relating to deportation, protection visas

and the refusal or cancellation of visas on character

grounds.

409 Scope of this Part

(1) This Part applies in relation to the review by the Tribunal of

Part 7-reviewable decisions (see section 411).

(2) The Tribunal's powers in relation to Part 7-reviewable decisions

may be exercised by the Tribunal only in its Migration and

Refugee Division.

72 Section 410 (definition of Deputy Principal Member)

Repeal the definition.

73 Section 410

Insert:

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

officer of the Tribunal has the meaning given by the

Administrative Appeals Tribunal Act 1975.

Part 7-reviewable decision: see section 411.

74 Section 410

Repeal the following definitions:

(a) definition of Principal Member;

(b) definition of Tribunal.

75 At the end of section 410

Add:

Note:

"Tribunal" means the Administrative Appeals Tribunal. See the

definition in subsection 5(1).

76 Division 2 of Part 7 (heading)

Repeal the heading, substitute:

Division 2--Part 7-reviewable decisions

77 Section 411 (heading)

Repeal the heading, substitute:

411 Definition of Part 7-reviewable decision

78 Section 412 (heading)

Repeal the heading, substitute:

412 Application for review of Part 7-reviewable decisions

79 Section 413

Repeal the section.

80 Section 414 (heading)

Repeal the heading, substitute:

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

414 Tribunal to review Part 7-reviewable decisions

81 Section 415 (heading)

Repeal the heading, substitute:

415 Tribunal powers on review of Part 7-reviewable decisions

82 Section 416

Repeal the section, substitute:

416 Multiple review applications--consideration of information

Scope

(1) This section applies if:

(a) a non-citizen has made an application (the earlier

application) to a review body for review of a decision under

this Part; and

(b) the earlier application has been determined by a review body;

and

for review of a Part 7-reviewable decision.

Review body not required to consider earlier information

(2) The Tribunal, in considering the further application:

(a) is not required to consider any information considered in the

earlier application; and

(b) may have regard to, and take to be correct, any decision that

a review body has made about or because of that information.

(3) In this section:

review body means:

(a) the former Refugee Review Tribunal; or

(b) the Tribunal.

Note:

The Refugee Review Tribunal was abolished from 1 July 2015, and its

functions transferred to the Migration and Refugee Division of the

Administrative Appeals Tribunal ("the Tribunal").

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

83 Section 418 (heading)

Repeal the heading, substitute:

418 Tribunal to notify Secretary of application for review of

Part 7-reviewable decisions

84 Subsection 418(1)

Omit "Refugee Review Tribunal", substitute "Tribunal".

85 Section 419

Repeal the section.

86 Division 3 of Part 7 (heading)

Repeal the heading, substitute:

Division 3--Part 7-reviewable decisions: Tribunal powers

87 Subsection 420(1)

Repeal the subsection.

88 Subsection 420(2)

Omit "(2)".

89 Subsection 420(2)

Omit "decision", substitute "Part 7-reviewable decision".

90 Sections 420A, 421, 422 and 422A

Repeal the sections.

91 Division 4 of Part 7 (heading)

Repeal the heading, substitute:

Division 4--Part 7-reviewable decisions: conduct of review

92 Section 423 (heading)

Repeal the heading, substitute:

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

423 Documents to be given to the Tribunal

93 Section 426 (heading)

Repeal the heading, substitute:

426 Applicant may request Tribunal to call witnesses

94 Section 427 (heading)

Repeal the heading, substitute:

427 Powers of the Tribunal etc.

95 Paragraph 427(3)(b)

Omit "such documents as are", substitute "the documents or things".

96 Subsection 427(5)

Repeal the subsection.

97 Section 428

Repeal the section, substitute:

428 Tribunal's power to take evidence

(1) The power (the evidence power) of the Tribunal under

paragraph 427(1)(a) to take evidence on oath or affirmation in a

particular review may be exercised on behalf of the Tribunal by:

(a) a member conducting the review; or

(b) another person (whether or not a member) authorised in

writing by that member.

(2) The evidence power may be exercised:

(a) inside or outside Australia; and

(b) subject to any limitations or requirements specified by the

Tribunal.

(3) If a person other than a member conducting the review has the

evidence power:

(a) the person has, for the purpose of taking the evidence, the

powers of the Tribunal under subsection 427(1) and

paragraphs 427(3)(c) and (d); and

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

(b) this Part applies in relation to the person, for the purpose of

taking the evidence in the exercise of those powers, as if the

person were the Tribunal; and

made and sent to the member who authorised the person to

exercise the evidence power; and

(d) for the purposes of section 425, if that member receives the

record of evidence, the Tribunal is taken to have given the

applicant an opportunity to appear before it to give evidence.

98 Division 5 of Part 7 (heading)

Repeal the heading, substitute:

Division 5--Part 7-reviewable decisions: Tribunal decisions

99 Section 430 (heading)

Repeal the heading, substitute:

430 Tribunal's decision and written statement

100 Section 431

Repeal the section, substitute:

431 Identifying information not to be published

The Tribunal must not publish a statement made under

subsection 430(1) which may identify an applicant or any relative

or other dependant of an applicant.

Note:

Section 66B of the Administrative Appeals Tribunal Act 1975 allows

the Tribunal to publish decisions and the reasons for them. However,

section 66B does not authorise the publication of information if its

disclosure would be prohibited or restricted by another enactment

(such as this) conferring jurisdiction on the Tribunal.

101 Division 6 of Part 7

Repeal the Division, substitute:

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

Division 6--Part 7-reviewable decisions: offences

432 Failure to comply with summons

(1) A person commits an offence if:

(a) the Tribunal gives a summons to the person under

section 427; and

(b) the person fails to comply with the summons.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(2) Subsection (1) does not apply if complying with the summons

might tend to incriminate the person.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

433 Refusal to be sworn or to answer questions

Oath or affirmation

(1) A person commits an offence if:

(a) the person appears as a witness before the Tribunal for the

purposes of a proceeding under this Part; and

(b) the person has been required under section 427 either to take

an oath or to make an affirmation; and

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

Questions

(2) A person commits an offence if:

(a) the person appears as a witness before the Tribunal for the

purposes of a proceeding under this Part; and

(b) the Tribunal has required the person to answer a question for

the purposes of the proceeding; and

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Subsection (2) does not apply if answering the question might tend

to incriminate the person.

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

102 Division 7 of Part 7 (heading)

Repeal the heading, substitute:

Division 7--Part 7-reviewable decisions: miscellaneous

103 Sections 435 and 436

Repeal the sections.

104 Section 438 (heading)

Repeal the heading, substitute:

438 Tribunal's discretion in relation to disclosure of certain

information etc.

105 Section 439

Repeal the section.

106 Section 440 (heading)

Repeal the heading, substitute:

440 Tribunal may restrict publication or disclosure of certain

matters

107 Section 441

Repeal the section.

108 Division 7A of Part 7 (heading)

Repeal the heading, substitute:

Division 7A--Review of Part 7-reviewable decisions: giving

and receiving documents

109 Section 441E

Repeal the section.

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

110 Subsection 441F(1)

Omit "(1)".

111 Paragraph 441F(1)(b)

Omit "section 420A", substitute "section 18B of the Administrative

Appeals Tribunal Act 1975".

112 Subsection 441F(2)

Repeal the subsection.

113 Divisions 8, 9 and 10 of Part 7

Repeal the Divisions.

114 Part 7A

Repeal the Part.

115 Subsection 474(4) (table items 17 to 22)

Repeal the items.

116 Subsection 474(4) (table item 23)

Omit "Offences", substitute "Part-5 reviewable decisions: offences".

117 Subsection 474(4) (table items 24 to 27)

Repeal the items.

118 Subsection 474(4) (table item 28)

Omit "Offences", substitute "Part-7 reviewable decisions: offences".

119 Subsection 474(4) (table items 29 and 30)

Repeal the items.

120 Paragraph 474(7)(a)

Omit ", 391, 417 or 454", substitute "or 417".

121 Paragraphs 474(7)(b) and (c)

Repeal the paragraphs.

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

122 Before section 475

Insert:

474A Definition of AAT Act migration decision

For the purposes of this Act, a decision under a provision of the

Administrative Appeals Tribunal Act 1975 set out in the following

table is an AAT Act migration decision, to the extent that the

decision is made in relation to any of the following:

(a) a review of a particular Part-5 reviewable decision or Part-7

reviewable decision;

(b) a function of the Tribunal in relation to the exercise of its

jurisdiction to review Part 5-reviewable decisions or

Part 7-reviewable decisions;

the Tribunal.

AAT Act migration decisions

Item

Provision of the

Administrative

Appeals Tribunal

Act 1975

Subject matter of provision

section 6

Appointment of members of the Tribunal

section 8

Term of appointment

section 9

Remuneration and allowances

section 10

Acting appointments

section 10A

Delegation

section 11

Outside employment

section 12

Leave of absence

section 13

Termination of appointment (not Judges)

section 14

Disclosure of interests by members

section 17K

Division heads

section 17L

Deputy Division heads

section 18A

Arrangement of business

section 18B

President's directions--arrangement of

business

section 19A

President's directions--constitution

Migration amendments Schedule 2

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

AAT Act migration decisions

Item

Provision of the

Administrative

Appeals Tribunal

Act 1975

Subject matter of provision

section 19D

Reconstitution

section 24C

Appointment of Registrar

section 24N

Staff

section 24P

Functions of Registrar and staff

section 24PA

Officers of the Tribunal

section 42

Resolving disagreements

section 64

Registries

Note:

An AAT Act migration decision is a migration decision (see

paragraph (d) of the definition of migration decision in

subsection 5(1)).

123 Subsection 476A(1) (note)

Repeal the note, substitute:

Note:

An appeal in relation to any of the following migration decisions

cannot be made to the Federal Court under section 44 of the

Administrative Appeals Tribunal Act 1975:

(a) a privative clause decision;

(b) a purported privative clause decision;

In addition, reference of a question of law arising in relation to a

review of any of the proceedings mentioned in paragraph (a), (b) or (c)

cannot be made by the Tribunal to the Federal Court under section 45

of the Administrative Appeals Tribunal Act 1975.

The only migration decisions in relation to which an appeal under

section 44 of that Act, or a referral under section 45 of that Act, can be

made to the Federal Court are non-privative clause decisions.

124 Subsection 477(3) (paragraphs (b) and (c) of the

definition of date of the migration decision)

Repeal the paragraphs, substitute:

(b) in the case of a migration decision made by the

Administrative Appeals Tribunal in the exercise of its powers

under Part 5--the day the decision is taken to have been

made under subsection 368(2) or 368D(1); or

Schedule 2 Migration amendments

Part 1 Main amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Administrative Appeals Tribunal in the exercise of its powers

under Part 7--the day the decision is taken to have been

made under subsection 430(2) or 430D(1); or

125 Section 483

Repeal the section.

126 Subsection 486D(5) (definition of tribunal decision)

Omit "a Tribunal", substitute "the Tribunal".

127 Subsections 500(5) and (5A)

Repeal the subsections.

128 Paragraphs 500(6)(a) and (b)

Repeal the paragraphs, substitute:

(a) the Tribunal (for example, an order under section 41 (stay

orders) of the Administrative Appeals Tribunal Act 1975); or

129 Subsections 500(6D) and (6E)

Repeal the subsections, substitute:

(6D) If an application is made to the Tribunal for a review of a decision

under section 501 that relates to a person in the migration zone:

(a) the Registrar of the Tribunal must notify the Minister that the

application has been made; and

(b) paragraph 29AC(1)(b) and section 37 of the Administrative

Appeals Tribunal Act 1975 do not apply to the decision or the

application.

130 Paragraph 500(6F)(c)

Omit "2 copies of every document, or part of a document,", substitute

"a copy of every document".

131 After subsection 500(6F)

Insert:

(6FA) The Tribunal may direct the Minister to lodge a specified number

of additional copies of a document to which paragraph (6F)(c)

Schedule 2 Migration amendments

Part 2 Multiple amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Part 2

--Multiple amendments

Division 1

--References to MRT-reviewable decisions

Migration Act 1958

133 Amendments of listed provisions

Further amendments--MRT-reviewable decisions

Item

Provision

Omit

Substitute

Subsections 338(1), (2),

(3) and (3A)

an MRT-reviewable

decision

a Part 5-reviewable

decision

Subsection 338(4)

MRT-reviewable

decisions

Part 5-reviewable

decisions

Subsections 338(5), (6),

(7), (7A), (8) and (9)

an MRT-reviewable

decision

a Part 5-reviewable

decision

Subsection 347(1)

an MRT-reviewable

decision

a Part 5-reviewable

decision

Subparagraphs 347(1)(b)

(i), (ii) and (iii)

MRT-reviewable

decision

Part 5-reviewable

decision

Paragraphs 347(2)(a),

(b), (c) and (d)

MRT-reviewable

decision

Part 5-reviewable

decision

Subsection 347(3)

MRT-reviewable

decision

Part 5-reviewable

decision

Subsection 347(3A)

primary decision

Part 5-reviewable

decision

Subsection 347(4)

MRT-reviewable

decision

Part-5 reviewable

decision

Subsection 347(5)

MRT-reviewable

decisions

Part 5-reviewable

decisions

Subsection 348(1)

an MRT-reviewable

decision

a Part 5-reviewable

decision

Subsection 349(1)

an MRT-reviewable

decision

a Part 5-reviewable

decision

Subsection 379F(1)

an MRT-reviewable

decision

a Part 5-reviewable

decision

Migration amendments Schedule 2

Multiple amendments Part 2

No. , 2014

Tribunals Amalgamation Bill 2014

Further amendments--MRT-reviewable decisions

Item

Provision

Omit

Substitute

Paragraphs 379G(1)(a)

and (1A)(a)

an MRT-reviewable

decision

a Part 5-reviewable

decision

Division 2

--References to officers of the Tribunal

Migration Act 1958

134 Amendments of listed provisions

Further amendments--officers of the Tribunal

Item

Provision

Omit

Substitute

Subsection 379AA(2)

member, the Registrar, a

Deputy Registrar or another

officer of the Tribunal

member or an

officer of the

Tribunal

Paragraph

379A(1A)(b)

member, the Registrar, a

Deputy Registrar or another

officer of the Tribunal

member or an

officer of the

Tribunal

Subsections 379A(2)

and (3)

member, the Registrar, a

Deputy Registrar or another

officer of the Tribunal

member or an

officer of the

Tribunal

Subsection 379A(4)

member, the Registrar, a

Deputy Registrar or another

officer of the Tribunal,

member or an

officer of the

Tribunal

Subparagraph

379A(4)(c)(iii)

member, Registrar, Deputy

Registrar or other officer

member or officer

Subsection 379A(5)

member, the Registrar, a

Deputy Registrar or another

officer of the Tribunal,

member or an

officer of the

Tribunal

Paragraph 379A(5)(e)

member, Registrar, Deputy

Registrar or other officer

member or officer

Subsection 379B(2)

member, the Registrar, a

Deputy Registrar or another

officer of the Tribunal

member or an

officer of the

Tribunal

Subsections 379B(3)

and (4)

member, the Registrar, a

Deputy Registrar or another

officer of the Tribunal,

member or an

officer of the

Tribunal

Schedule 2 Migration amendments

Part 2 Multiple amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Further amendments--officers of the Tribunal

Item

Provision

Omit

Substitute

Paragraph 379F(1)(a)

the Registrar, a Deputy

Registrar or another officer

of the Tribunal

an officer of the

Tribunal

Subsection 441AA(2)

member, the Registrar or an

officer of the Tribunal

member or an

officer of the

Tribunal

Paragraph

441A(1A)(b)

member, the Registrar or an

officer of the Tribunal

member or an

officer of the

Tribunal

Subsections 441A(2)

and (3)

member, the Registrar or an

officer of the Tribunal

member or an

officer of the

Tribunal

Subsection 441A(4)

member, the Registrar or an

officer of the Tribunal,

member or an

officer of the

Tribunal

Subparagraph

441A(4)(c)(iii)

member, Registrar or other

officer

member or officer

Subsection 441A(5)

member, the Registrar or an

officer of the Tribunal,

member or an

officer of the

Tribunal

Paragraph 441A(5)(e)

member, Registrar or other

officer

member or officer

Subsection 441B(2)

member, the Registrar or an

officer of the Tribunal

member or an

officer of the

Tribunal

Subsections 441B(3)

and (4)

member, the Registrar or an

officer of the Tribunal,

member or an

officer of the

Tribunal

Paragraph 441F(1)(a)

the Registrar or an officer of

the Tribunal

an officer of the

Tribunal

Division 3

--References to RRT-reviewable decisions

Migration Act 1958

135 Amendments of listed provisions

Migration amendments Schedule 2

Multiple amendments Part 2

No. , 2014

Tribunals Amalgamation Bill 2014

Further amendments--RRT-reviewable decisions

Item

Provision

Omit

Substitute

Paragraph 338(1)(b)

an RRT-reviewable

decision

a Part 7-reviewable

decision

Subsections 411(1) and

(2)

RRT-reviewable decisions

Part 7-reviewable

decisions

Subsection 412(1)

an RRT-reviewable

decision

a Part 7-reviewable

decision

Subsection 412(4)

RRT-reviewable decisions

Part 7-reviewable

decisions

Subsection 414(1)

an RRT-reviewable

decision

a Part 7-reviewable

decision

Subsection 415(1)

an RRT-reviewable

decision

a Part 7-reviewable

decision

Subsection 427(2)

RRT-reviewable decisions

Part 7-reviewable

decisions

Subsection 441F(1)

an RRT-reviewable

decision

a Part 7-reviewable

decision

Paragraphs 441G(1)(a)

and (1A)(a)

an RRT-reviewable

decision

a Part 7-reviewable

decision

Schedule 2 Migration amendments

Part 3 Contingent amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Part 3

--Contingent amendments

Division 1

--Interaction with the Migration Amendment

(Protection and Other Measures) Act 2014

Migration Act 1958

136 Section 337 (definition of decision on a review)

Omit "an MRT-reviewable decision", substitute "a Part 5-reviewable

decision".

137 Section 337 (paragraphs (a) to (d) of the definition of

decision on a review)

Omit "MRT-reviewable decision", substitute "Part 5-reviewable

decision".

138 Subsection 353B(1)

Repeal the subsection, substitute:

(1) The President of the Tribunal, or the head of the Migration and

Refugee Division of the Tribunal, may, in writing, direct that a

decision (the guidance decision) of the Tribunal, or of the former

Migration Review Tribunal, specified in the direction is to be

complied with by the Tribunal in reaching a decision on a review

of a Part 5-reviewable decision of a kind specified in the direction.

139 Section 410 (definition of decision on a review)

Omit "an RRT-reviewable decision", substitute "a Part 7-reviewable

decision".

140 Section 410 (paragraphs (a) to (d) of the definition of

decision on a review)

Omit "RRT-reviewable decision", substitute "Part 7-reviewable

decision".

141 Subsection 420B(1)

Repeal the subsection, substitute:

Migration amendments Schedule 2

Contingent amendments Part 3

No. , 2014

Tribunals Amalgamation Bill 2014

(1) The President of the Tribunal, or the head of the Migration and

Refugee Division of the Tribunal, may, in writing, direct that a

decision (the guidance decision) of the Tribunal, or of the former

Refugee Review Tribunal, specified in the direction is to be

complied with by the Tribunal in reaching a decision on a review

of a Part 7-reviewable decision of a kind specified in the direction.

142 Section 430D (heading)

Repeal the heading, substitute:

430D Tribunal's decision given orally

143 Subsection 477(3) (paragraphs (b) and (c) of the

definition of date of the migration decision)

Repeal the paragraphs, substitute:

(b) in the case of a migration decision made by the

Administrative Appeals Tribunal in the exercise of its powers

under Part 5--the day the decision is taken to have been

made under subsection 362C(3), 368(2) or 368D(1); or

Administrative Appeals Tribunal in the exercise of its powers

under Part 7--the day the decision is taken to have been

made under subsection 426B(3), 430(2) or 430D(1); or

Migration Amendment (Protection and Other Measures) Act

2014

144 Item 7 of Schedule 4 (heading)

Repeal the heading, substitute:

7 After section 353

145 Item 22 of Schedule 4 (heading)

Repeal the heading, substitute:

Schedule 2 Migration amendments

Part 3 Contingent amendments

Tribunals Amalgamation Bill 2014

No. , 2014

7 After section 420

Division 2

--Interaction with the Migration and Maritime

Powers Legislation Amendment (Resolving the

Asylum Legacy Caseload) Act 2014

Administrative Appeals Tribunal Act 1975

146 Subparagraph 24N(2)(a)(ii)

Omit "and".

147 At the end of paragraph 24N(2)(a)

Add:

(iii) the Senior Reviewer and the other Reviewers of the

Immigration Assessment Authority; and

Migration Act 1958

148 Section 99

After "Tribunal", insert ", or the Immigration Assessment Authority,".

149 Section 103

After "the Minister,", insert "the Immigration Assessment Authority,".

150 Subsection 261AKD(2) (paragraph (c) of the definition of

permitted provision)

After "tribunal,", insert ", or the Immigration Assessment Authority,".

151 Subsection 271(4) (at the end of the definition of

migration proceedings)

Add:

; or (c) proceedings in the Immigration Assessment Authority for the

review of a fast-track reviewable decision.

152 Paragraph 336E(2)(f)

After "tribunal,", insert "or the Immigration Assessment Authority,".

Migration amendments Schedule 2

Contingent amendments Part 3

No. , 2014

Tribunals Amalgamation Bill 2014

153 At the end of section 336M

Add:

Fast track reviewable decisions are reviewable by the Immigration

Assessment Authority under Part 7AA of this Act. These are

decisions to refuse protection visas to some applicants, including

unauthorised maritime arrivals who entered Australia on or after

13 August 2012.

154 At the end of section 408

Add:

Fast track reviewable decisions are reviewable by the Immigration

Assessment Authority under Part 7AA of this Act. These are

decisions to refuse protection visas to some applicants, including

unauthorised maritime arrivals who entered Australia on or after

13 August 2012.

155 Section 414A (heading)

Repeal the heading, substitute:

414A Period within which Tribunal must review Part 7-reviewable

decisions

156 Subsection 414A(1)

Omit "an RRT-reviewable decision", substitute "a Part 7-reviewable

decision".

157 Subsection 414A(1)

Omit "Refugee Review Tribunal" (wherever occurring), substitute

"Tribunal".

158 Subsection 414A(2)

Omit "an RRT-reviewable decision", substitute "a Part 7-reviewable

decision".

Schedule 2 Migration amendments

Part 3 Contingent amendments

Tribunals Amalgamation Bill 2014

No. , 2014

159 Section 440A (heading)

Repeal the heading, substitute:

440A Reports about review of Part 7-reviewable decisions

160 Subsection 440A(1) (heading)

Repeal the heading, substitute:

Tribunal President must give periodic reports to Minister

161 Subsection 440A(1)

Omit "Principal Member", substitute "President of the Tribunal".

162 Subsection 440A(2) (heading)

Repeal the heading, substitute:

Tribunal President must give additional reports to Minister as

required

163 Subsection 440A(2)

Omit "Principal Member" (first occurring), substitute "President of the

Tribunal".

164 Subsection 440A(2)

Omit "Principal Member" (last occurring), substitute "President".

165 Subsection 440A(3)

Omit "Principal Member" (wherever occurring), substitute "President".

166 Subsection 440A(5)

Omit "an RRT-reviewable decision", substitute "a Part 7-reviewable

decision".

167 Subparagraphs 440A(5)(a)(ii) and (b)(i) and (ii)

Omit "Refugee Review Tribunal", substitute "Tribunal".

168 Subsection 440A(6) (note)

Omit "Refugee Review Tribunal's", substitute "Tribunal's".

Migration amendments Schedule 2

Contingent amendments Part 3

No. , 2014

Tribunals Amalgamation Bill 2014

169 Paragraphs 440A(7)(a) and (c)

Omit "an RRT-reviewable decision", substitute "a Part 7-reviewable

decision".

170 Subsections 440A(8) and (9)

Omit "Principal Member", substitute "President of the Tribunal".

171 Subsection 440A(10) (definition of decision period)

Omit "an RRT-reviewable decision", substitute "a Part 7-reviewable

decision".

172 Section 473BA

Omit "not reviewable by any other Tribunal", substitute "not otherwise

reviewable".

173 Section 473BA

Omit:

The Immigration Assessment Authority consists of the Principal

Member of the Refugee Review Tribunal, the Senior Reviewer and

other Reviewers. The Principal Member is responsible for the

overall administration and operation of the Immigration

Assessment Authority. The Reviewers are appointed by the

Minister.

substitute:

The Immigration Assessment Authority consists of the President of

the Administrative Appeals Tribunal, the head of the Migration and

Refugee Division of the Tribunal, the Senior Reviewer and other

Reviewers. The President and that Division head are responsible

for the overall administration and operation of the Immigration

Assessment Authority. The Senior Reviewer is appointed by the

President or that Division head. The Senior Reviewers and other

Reviewers are engaged under the Public Service Act 1999.

174 Section 473BB

Insert:

Schedule 2 Migration amendments

Part 3 Contingent amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Division head means the head of the Migration and Refugee

Division of the Tribunal.

President means the President of the Tribunal.

175 At the end of section 473BB

Add:

Note:

"Tribunal" means the Administrative Appeals Tribunal. See the

definition in subsection 5(1).

176 Section 473BB (definition of Principal Member)

Repeal the definition.

177 Subsection 473FC(1)

Omit "The Principal Member may, in writing, direct that a decision (the

guidance decision) of the Refugee Review Tribunal or the Immigration

Assessment Authority", substitute "The President may, in writing,

direct that a decision (the guidance decision) of the Tribunal, the

Immigration Assessment Authority or the former Refugee Review

Tribunal".

178 Subsection 473JA(1)

Omit "Refugee Review Tribunal", substitute "Migration and Refugee

Division of the Tribunal".

179 Paragraph 473JA(2)(a)

Repeal the paragraph, substitute:

(a) the President;

(aa) the Division head;

180 Subsection 473JA(3)

Omit "Principal Member,", substitute "President, the Division head,".

181 Subsection 473JB(1)

Repeal the subsection, substitute:

(1) The President and the Division head are responsible for the overall

operation and administration of the Immigration Assessment

Authority and, for that purpose, either of them may issue directions

or determine policies.

Migration amendments Schedule 2

Contingent amendments Part 3

No. , 2014

Tribunals Amalgamation Bill 2014

(1A) If a power or function is conferred on the President under this Part,

the power may be exercised, or the function performed, by either

the President or the Division head.

Example: The Division head may exercise the President's power to make a

direction under section 473FC (Guidance decisions).

182 Subsection 473JB(2)

Omit "Principal Member", substitute "President or the Division head".

183 Subsection 473JE(2)

Omit "Principal Member must make available officers of the Refugee

Review Tribunal", substitute "Registrar must make available officers of

the Tribunal (within the meaning of the Administrative Appeals

Tribunal Act 1975)".

184 Section 473JF (heading)

Repeal the heading, substitute:

473JF Delegation

185 Subsection 486D(5) (paragraph (a) of the definition of

tribunal decision)

Omit "a Tribunal", substitute "the Tribunal".

Division 3

--Interaction with the Migration and Maritime

Powers Legislation Amendment (Resolving the

Asylum Legacy Caseload) Act 2014: multiple

amendments

Migration Act 1958

186 Amendments of listed provisions

Further amendments--Principal Member of the Refugee Review Tribunal

Item

Provision

Omit

Substitute

Subsection 473EC(1)

Principal Member

President

Subsection 473FB(1)

Principal Member

President

Schedule 2 Migration amendments

Part 3 Contingent amendments

Tribunals Amalgamation Bill 2014

No. , 2014

Further amendments--Principal Member of the Refugee Review Tribunal

Item

Provision

Omit

Substitute

Subsection 473GD(1)

Principal Member (wherever

occurring)

President

Paragraph 473GD(2)(b)

Principal Member

President

Subsection 473GD(3)

Principal Member

President

Subsection 473GD(4)

given by the Principal

Member under subsection (1)

given under

subsection (1)

Subsections 473JB(1)

and (2)

Principal Member

President

Subsections 473JC(1)

and (2)

Principal Member

President

Section 473JD

Principal Member

President

Subsection 473JF(1)

Principal Member

President

Subsections 473JF(1)

Principal Member's

President's

Subsection 473JF(2)

Principal Member

President

Division 4

--Interaction with the Migration and Maritime

Powers Legislation Amendment (Resolving the

Asylum Legacy Caseload) Act 2014: transitional

provisions

187 Transitional

--performance of functions of Immigration

Assessment Authority

(1)

On and after the commencement of this item, the Immigration

Assessment Authority (established by section 473JA of the Migration

Act 1958) continues in existence within the Migration and Refugee

Division of the Administrative Appeals Tribunal.

(2)

The Immigration Assessment Authority continues in existence as

constituted under section 473JA of the Migration Act 1958 as amended

by Division 2 of this Part.

(3)

For the purpose of the performance of the functions of the Immigration

Assessment Authority on or after the commencement of this item,

anything done by or on behalf of the Immigration Assessment Authority

by the Principal Member of the Refugee Review Tribunal before that

Migration amendments Schedule 2

Contingent amendments Part 3

No. , 2014

Tribunals Amalgamation Bill 2014

commencement is taken to have been done by or on behalf of the

President of the Administrative Appeals Tribunal.

Note:

Further matters of a transitional nature (including saving or application provisions)

relating to the amendments made by this Act in relation to the Immigration Assessment

Authority may be prescribed by regulations made under Schedule 9 to this Act.

188 Transitional

--report under section 440A of the Migration

Act 1958

(1)

Section 440A of the Migration Act 1958, as in force immediately before

1 July 2015, applies in relation to the final reporting period as if the

references in the section to the Principal Member of the former Refugee

Review Tribunal were references to the President of the Administrative

Appeals Tribunal.

(2)

In subitem (1):

final reporting period means the period starting on 1 March 2015 and

ending on 30 June 2015.

Note:

Further matters of a transitional nature (including saving or application provisions)

relating to the amendments made by this Act in relation to the Immigration Assessment

Authority may be prescribed by regulations made under Schedule 9 to this Act.

Division 5

--Interaction with the Migration Amendment

(Character and General Visa Cancellation) Act

2014

Migration Act 1958

189 Subsection 133A(1)

Omit "the Migration Review Tribunal, the Refugee Review Tribunal,

the Administrative Appeals Tribunal", substitute "the Administrative

Appeals Tribunal or the former Migration Review Tribunal or former

Refugee Review Tribunal,".

190 Paragraph 133A(5)(c)

Omit "the Migration Review Tribunal, the Refugee Review Tribunal,

the Administrative Appeals Tribunal", substitute "the Administrative

Appeals Tribunal or the former Migration Review Tribunal or former

Refugee Review Tribunal,".

Schedule 2 Migration amendments

Part 3 Contingent amendments

100

Tribunals Amalgamation Bill 2014

No. , 2014

191 Subsection 133C(1)

Omit "the Migration Review Tribunal, the Refugee Review Tribunal,

the Administrative Appeals Tribunal", substitute "the Administrative

Appeals Tribunal or the former Migration Review Tribunal or former

Refugee Review Tribunal,".

192 Paragraph 133C(5)(c)

Omit "the Migration Review Tribunal, the Refugee Review Tribunal,

the Administrative Appeals Tribunal", substitute "the Administrative

Appeals Tribunal or the former Migration Review Tribunal or former

Refugee Review Tribunal,".

Division 6

--Interaction with the Migration Amendment

(Regaining Control Over Australia's Protection

Obligations) Act 2014

Migration Amendment (Regaining Control Over Australia's

Protection Obligations) Act 2014

193 Item 21 of Schedule 1 (heading)

Repeal the heading, substitute:

21 Transitional

--review of protection visa decisions

194 Subitem 21(2) of Schedule 1

Omit "an RRT-reviewable decision", substitute "reviewable under

Part 7 of that Act".

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

101

Schedule 3

--Social security amendments

Social Security Act 1991

1 Section 22

Repeal the section.

2 Subsection 23(1) (definition of AAT)

Repeal the definition, substitute:

AAT means the Administrative Appeals Tribunal.

3 Subsection 23(1) (definition of AAT Act)

Repeal the definition, substitute:

AAT Act means the Administrative Appeals Tribunal Act 1975.

4 Subsection 23(1)

Insert:

AAT first review has the same meaning as in the Administration

Act.

AAT second review has the same meaning as in the Administration

Act.

5 Subsection 23(1) (definition of SSAT)

Repeal the definition.

6 Subsections 27(2) and (4)

Omit ", the SSAT" (wherever occurring).

7 Paragraph 1184L(2)(a)

Omit "is made, under section 142 of the Administration Act, to the

Social Security Appeals Tribunal for a review", substitute "referred to

in section 142 of the Administration Act is made for AAT first review".

Schedule 3 Social security amendments

102

Tribunals Amalgamation Bill 2014

No. , 2014

8 Paragraph 1223AB(a)

Omit "to the Administrative Appeals Tribunal for", substitute "for AAT

second".

9 Paragraph 1223AB(b)

Repeal the paragraph, substitute:

(b) the AAT makes an order under subsection 41(2) of the AAT

Act; and

10 Section 1223AB (note)

Repeal the note.

Social Security (Administration) Act 1999

11 Paragraph 8(f)

Omit "and the Social Security Appeals Tribunal".

12 Section 9

Repeal the section.

13 Subsection 10(1)

Repeal the subsection.

14 Paragraph 124E(2)(d)

Omit "Part 4", substitute "Parts 4 and 4A".

15 Part 4 (heading)

Repeal the heading, substitute:

Part 4--Internal review of decisions

16 Paragraph 126(2)(b)

Repeal the paragraph, substitute:

(b) even if an application has been made to the AAT for review

of the decision.

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

103

17 Section 128 (heading)

Repeal the heading, substitute:

128 Notice to AAT Registrar

18 Subsection 128(1)

Repeal the subsection.

19 Subsection 128(2)

Repeal the subsection, substitute:

If the Secretary makes a review decision under section 126 to vary

or substitute a decision after a person has applied to the AAT for a

review in relation to the decision, the Secretary must give written

notice of the Secretary's review decision to the Registrar of the

AAT.

20 Subsection 135(3)

Omit "182", substitute "181".

21 Paragraphs 137(1)(f) and (3)(f)

Omit ", the Social Security Appeals Tribunal or the Administrative

Appeals Tribunal", substitute "or the AAT".

22 Paragraph 138(1)(a)

Omit ", apply to the Social Security Appeals Tribunal", substitute "and

the AAT Act, apply to the AAT".

23 Subparagraph 138(1)(b)(iii)

Omit "based; and", substitute "based.".

24 Paragraph 138(1)(c)

Repeal the paragraph.

25 Subsection 138(3)

Repeal the subsection, substitute:

(3) Paragraph (1)(a) does not apply in relation to a decision that is not

reviewable by the AAT (see section 144).

Schedule 3 Social security amendments

104

Tribunals Amalgamation Bill 2014

No. , 2014

26 Division 3 of Part 4 (heading)

Repeal the heading, substitute:

Part 4A--Review by the AAT

27 Subdivision A of Division 3 of Part 4

Repeal the Subdivision.

28 Subdivision B of Division 3 of Part 4 (heading)

Repeal the heading, substitute:

Division 1--Preliminary

29 Before section 140

Insert:

139 Simplified outline of this Part

If a person is dissatisfied with a decision of an officer under the

social security law, the person may apply to the AAT for a review

(an "AAT first review") of the decision.

If a person is dissatisfied with a decision of the AAT on AAT first

review, the person may apply to the AAT for further review (an

"AAT second review").

The rules relating to AAT review of decisions are mainly in the

AAT Act, but the operation of that Act is modified in some ways

by this Part for the purposes of those reviews.

The AAT Act allows a person to appeal to a court from a decision

of the AAT on AAT second review.

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

105

Division 2--AAT first review

Subdivision A--Preliminary

30 Subsection 140(1)

Repeal the subsection, substitute:

(1) This Division applies to the review by the AAT of a decision of an

officer under the social security law, including an employment

pathway plan decision and a section 525B decision.

Note:

A review for which an application may be made in accordance with

this Division is an AAT first review (see section 142).

31 Section 141

Repeal the section, substitute:

140A Definitions of employment pathway plan decision and

section 525B decision

In this Act:

employment pathway plan decision means any of the following:

(a) a decision under section 501A of the 1991 Act, to the extent

to which it relates to the terms of a Parenting Payment

Employment Pathway Plan that is in force;

(b) a decision under section 544B of the 1991 Act, to the extent

to which it relates to the terms of a Youth Allowance

Employment Pathway Plan that is in force;

which it relates to the terms of a Newstart Employment

Pathway Plan that is in force;

(d) a decision under section 731M of the 1991 Act, to the extent

to which it relates to the terms of a Special Benefit

Employment Pathway Plan that is in force.

section 525B decision means a decision under section 525B of the

1991 Act (as previously in force), to the extent to which it related

to the terms of a Job Search Activity Agreement that was

previously in force.

Schedule 3 Social security amendments

106

Tribunals Amalgamation Bill 2014

No. , 2014

32 Before section 142

Insert:

Subdivision B--AAT first review: applications

33 Section 142 (heading)

Repeal the heading, substitute:

142 Reviewable decisions

34 Subsections 142(1) and (2)

Repeal the subsections, substitute:

(1) Subject to section 144, application may be made to the AAT for

review (AAT first review) of:

(a) a decision of the Secretary, the Chief Executive Centrelink or

an authorised review officer made under section 126 or 135;

(b) a decision under this Act made personally by the Secretary or

the Chief Executive Centrelink.

35 Subsection 142(5)

Repeal the subsection.

36 Section 143

Repeal the section, substitute:

143 Application requirement--employment pathway plan decisions

The AAT may only carry out an AAT first review of an

employment pathway plan decision if the application for AAT first

review is expressed to be for that decision.

37 Section 144

Omit "SSAT", substitute "AAT".

38 Paragraph 145(1)(c)

Omit "to the SSAT under subsection 142(1) or (2) for review",

substitute "for AAT first review".

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

107

39 Subparagraph 145(4)(b)(i)

Before "review", insert "AAT first".

40 Subparagraph 145(4)(b)(ii)

Repeal the subparagraph, substitute:

(ii) if the AAT makes a decision on AAT first review of the

adverse decision--at the end of the period of 13 weeks

beginning on the day the AAT's decision is made, or on

an earlier day specified by the Secretary; or

41 After subsection 145(5)

Insert:

(5A) If a declaration under subsection (1) is in force in relation to a

decision for which an application for AAT first review has been

made, the President of the AAT must take reasonable steps to

ensure the decision is reviewed as quickly as possible.

42 After section 146

Insert:

Subdivision C--AAT first review: relationship with AAT Act

147 Application and modification of AAT Act

For the purposes of AAT first review under this Division, a

provision of the AAT Act listed in an item of the following table is

disapplied or modified as set out in that item, in relation to the

decision or matter under this Act set out in that item.

Application and modification of AAT Act

Item

Decision or

matter

Provision of AAT

Act

Application or modification of

provision of AAT Act

A decision to

which this

Division applies

Paragraph 29(1)(d)

(time limit for

lodging review

application)

The paragraph does not apply

A decision to

which this

Subsections 35(1)

and (2) (public and

The subsections do not apply

Schedule 3 Social security amendments

108

Tribunals Amalgamation Bill 2014

No. , 2014

Application and modification of AAT Act

Item

Decision or

matter

Provision of AAT

Act

Application or modification of

provision of AAT Act

Division applies

private hearings)

A decision to

which this

Division applies

Section 40A (power

to summon person

to give evidence or

produce

documents)

The section does not apply

A decision to

which this

Division applies

Subsection 41(2)

(operation and

implementation of

decision subject to

review)

The subsection does not apply

A decision to

which this

Division applies,

other than an

employment

pathway plan

decision or a

section 525B

decision

Subsection 43(1)

(AAT's decision on

review)

The subsection does not apply

in relation to a power or

discretion conferred by the

social security law on the

Secretary under the following

provisions:

(a) a provision dealing with the

form and place of lodgement

of a claim;

(b) a provision dealing with the

manner of payment of a

social security payment;

1991 Act;

(d) section 1233 of the 1991

Act;

(e) a provision dealing with the

giving of a notice requiring

information;

(f) section 1100 of the 1991

Act;

(g) section 131 or 145 of this

Act;

(h) a provision dealing with the

imposition of requirements

before the grant of a social

security payment;

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

109

Application and modification of AAT Act

Item

Decision or

matter

Provision of AAT

Act

Application or modification of

provision of AAT Act

(i) a provision dealing with the

deduction of amounts from

payments of a social security

payment for tax purposes

An employment

pathway plan

decision or a

section 525B

decision

Subsection 43(1)

(AAT's decision on

review)

The subsection has effect as if

the following were omitted:

(a) the words "may exercise all

the powers and discretions

that are conferred by any

relevant enactment on the

person who made the

decision and";

(b) paragraph (b);

A decision to

which this

Division applies

Subsections 43(2)

and (2A) (AAT

must give reasons

for its decision)

The subsections do not apply

Date of effect of

decision on AAT

first review, other

than an AAT

decision in

relation to an

employment

pathway plan

decision

Subsection 43(6)

(AAT's decision

taken to be decision

of decision-maker)

The subsection has effect as if

the decision under review had

taken effect on the day a person

applied for AAT first review of

the decision, if:

(a) the person is given written

notice of the decision under

the social security law; and

(b) the person applies for AAT

first review more than 13

weeks after the notice was

given; and

AAT varies the decision or

sets the decision aside and

substitutes a new decision;

and

(d) the effect of the AAT's

decision is:

(i) to grant the person's

Schedule 3 Social security amendments

110

Tribunals Amalgamation Bill 2014

No. , 2014

Application and modification of AAT Act

Item

Decision or

matter

Provision of AAT

Act

Application or modification of

provision of AAT Act

claim for a social

security payment or a

concession card; or

(ii) to direct the making

of a payment of a

social security

payment to the person

or the issue of a

concession card to the

person, as the case

may be; or

(iii) to increase the rate of

the person's social

security payment

Subdivision D--AAT first review: other matters

148 Procedure on receipt of application for AAT first review

(1) The AAT may, in relation to an application for AAT first review,

request the Secretary to lodge with the AAT the statement and

other documents referred to in subsection 37(1) of the AAT Act

before the end of the period that otherwise applies under that

subsection.

(2) If the AAT does so, the Secretary must take reasonable steps to

comply with the request.

(3) Nothing in this section prevents the operation of subsection 37(1A)

of the AAT Act.

43 Sections 149 to 156

Repeal the sections.

44 Division 4 of Part 4 (heading)

Repeal the heading.

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

111

45 Subdivisions A, B and BA of Division 4 of Part 4

Repeal the Subdivisions.

46 Subdivision BB of Division 4 of Part 4 (heading)

Repeal the heading.

47 Section 164

Repeal the section.

48 Subsection 165(1)

Repeal the subsection, substitute:

(1) The AAT may ask the Secretary to provide the AAT with any

information or document in the Secretary's possession that is

relevant to an AAT first review of a decision.

49 Sections 165A to 165C

Repeal the sections, substitute:

165A Power to obtain information or documents

(1) If the AAT reasonably believes that a person has information or a

document that is relevant to an AAT first review, the AAT may, by

written notice given to a person, require the person:

(a) to give to the AAT, within the period and in the manner

specified in the notice, any such information; or

(b) to produce to the AAT, within the period and in the manner

specified in the notice, any such documents.

(2) A person commits an offence if:

(a) the AAT gives the person a notice under subsection (1); and

(b) the person fails to comply with the notice.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Subsection (2) does not apply if complying with the notice might

tend to incriminate the person.

Note:

See item 3 of the table in section 147.

Schedule 3 Social security amendments

112

Tribunals Amalgamation Bill 2014

No. , 2014

50 Subsection 166(1)

Repeal the subsection, substitute:

(1) The AAT may ask the Secretary to exercise the Secretary's powers

under section 192 if the AAT is satisfied that a person has

information, or has custody or control of a document, that is

relevant to an AAT first review of a decision.

51 Subdivision BC of Division 4 of Part 4

Repeal the Subdivision.

52 Subdivision C of Division 4 of Part 4 (heading)

Repeal the heading.

53 Section 167

Repeal the section.

54 Subsection 168(1)

Omit "a review", substitute "an AAT first review".

55 Subsection 168(2)

Repeal the subsection, substitute:

(2) The AAT may give directions, in writing or otherwise, as to the

persons who may be present at the hearing.

56 Subsection 168(3)

Omit "Principal Member", substitute "AAT".

57 At the end of section 168

Add:

Note:

See item 2 of the table in section 147.

58 Subdivision D of Division 4 of Part 4 (heading)

Repeal the heading.

59 Sections 170 to 175

Repeal the sections.

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

113

60 Subsection 176(1)

Omit "a review", substitute "an AAT first review".

61 Subsection 176(2)

Omit "SSAT", substitute "AAT".

62 Subsection 176(3)

Omit "a review", substitute "the review".

63 Subsections 176(3) and (4)

Omit "SSAT" (wherever occurring), substitute "AAT".

64 After section 176

Insert:

177 Assessment of rate of social security payment

If, on AAT first review, the AAT sets aside a decision (other than

an employment pathway plan decision) and substitutes for it a

decision that a person is entitled to a social security payment, the

AAT must:

(a) assess the rate at which the social security payment is to be

paid to the person; or

(b) ask one of the following persons to assess the rate at which

the social security payment is to be paid:

(i) for a decision in relation to a pension bonus or pension

bonus bereavement payment--the Secretary;

(ii) for other decisions--the Secretary or the Chief

Executive Centrelink, as the case requires.

178 Notification of decisions and reasons for AAT first review

(1) If, on AAT first review of a decision, the AAT makes a decision

under subsection 43(1) of the AAT Act to affirm the decision

under review, the AAT must, within 14 days of making its

decision:

(a) give a written notice to the parties that sets out the decision;

and

(b) either:

Schedule 3 Social security amendments

114

Tribunals Amalgamation Bill 2014

No. , 2014

(i) give reasons for the decision orally to the parties and

explain that they may request a written statement of

reasons; or

(ii) give the parties a written statement of reasons for the

decision.

(2) If, on AAT first review of a decision, the AAT makes a decision

under subsection 43(1) of the AAT Act that is other than to affirm

the decision under review, the AAT must, within 14 days of

making its decision:

(a) give a written notice to the parties that sets out the decision;

and

(b) give the parties a written statement of reasons for the

decision.

(3) A failure to comply with subsection (1) or (2) does not affect the

validity of the decision.

(4) A party to whom oral reasons are given may, within 14 days after

the oral reasons are given, request a written statement of reasons

for the decision. If the party does so, the AAT must give the party

the statement requested within 14 days after receiving the request.

65 Subdivisions E, F and G of Division 4 of Part 4

Repeal the Subdivisions.

66 Division 5 of Part 4

Repeal the Division, substitute:

Division 3--AAT second review

Subdivision A--AAT second review: applications

179 Application for AAT second review

(1) Application may be made to the AAT for review (AAT second

review) of a decision of the AAT on AAT first review made under

subsection 43(1) of the AAT Act.

(2) For the purposes of subsection (1), the decision of the AAT on

AAT first review is taken to be:

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

115

(a) if an AAT first review affirms a decision--that decision as

affirmed; or

(b) if an AAT first review varies a decision--that decision as

varied; or

new decision--the new decision; or

(d) if an AAT first review sets a decision aside and sends the

matter back to the Secretary for reconsideration in

accordance with any directions or recommendations of the

AAT--the directions or recommendations of the AAT.

Subdivision B--AAT second review: relationship with AAT Act

180 Application and modification of AAT Act

For the purposes of AAT second review under this Division, a

provision of the AAT Act listed in an item of the following table is

disapplied or modified as set out in that item.

Application and modification of AAT Act

Item

Provision of AAT

Act

Modification of provision of AAT Act

Paragraph

29AC(1)(b) (notice

of application)

The paragraph has effect as if the reference

to the person who made the decision were

a reference to each party to the relevant

AAT first review, other than the applicant

for AAT second review.

Paragraph 30(1)(b)

(parties to

proceeding)

The paragraph has effect as if the reference

to the person who made the decision were

a reference to each party to the relevant

AAT first review, other than the applicant

for AAT second review.

Section 41

(operation and

implementation of

decision subject to

review)

The section has effect as if references to

the decision to which the relevant

proceeding relates were references to:

(a) if, on AAT first review, the AAT

affirmed the decision (the original

decision) the subject of that review--

the original decision; and

(b) otherwise--both the original decision

Schedule 3 Social security amendments

116

Tribunals Amalgamation Bill 2014

No. , 2014

Application and modification of AAT Act

Item

Provision of AAT

Act

Modification of provision of AAT Act

and whichever of the following is

applicable in relation to the AAT first

review:

(i) the original decision as varied by

the AAT;

(ii) the decision substituted by the

AAT;

(iii) the decision made as a result of

reconsideration by the Secretary

in accordance with any

directions or recommendations

of the AAT

Subsection 41(4)

(submissions on

stay of decision)

The subsection has effect as if the

references to the person who made the

decision were references to each party to

the relevant AAT first review

Subsection 42A(2)

(dismissal of

review application

for failure to

appear)

The subsection has effect as if the

reference to the person who made the

decision were a reference to the Secretary.

Social security amendments Schedule 3

No. , 2014

Tribunals Amalgamation Bill 2014

117

Division 4--Matters relating to AAT first review and AAT

second review

181 Settlement of proceedings before the AAT

(1) The Secretary may agree, in writing, with other parties to settle

proceedings before the AAT that relate to the recovery of a debt.

(2) If proceedings are settled and the Secretary gives the AAT a copy

of the agreement to settle the proceedings, the application for

review of the decision the subject of the proceedings is taken to

have been dismissed.

182 Variation or substitution of decision before AAT review

determined

(1) If an officer varies or substitutes a decision after an application has

been made to the AAT for AAT first review of the decision, the

application is taken to be an application for review of the decision

as varied or substituted.

(2) If an officer varies or substitutes a decision after an application has

been made for AAT second review in relation to the decision:

(a) the AAT is taken, on AAT first review, to have varied or

substituted the decision under review in the way the officer

did; and

(b) the application is taken to be an application for AAT second

review of the decision as varied or substituted.

(3) If the person who made the application does not want the AAT to

review the decision as varied or substituted, the person may notify

the AAT under subsection 42A(1A) or (1AA) of the AAT Act that

the application is discontinued or withdrawn.

183 Secretary or AAT may treat event as having occurred

(1) If:

(a) on AAT first review of a decision, the AAT sets the decision

aside; and

Schedule 3 Social security amendments

118

Tribunals Amalgamation Bill 2014

No. , 2014

(b) the Secretary or the AAT, as the case may be, is satisfied that

an event that did not occur would have occurred if the

decision had not been made;

the Secretary or the AAT may, if satisfied that it is reasonable to do

so, treat the event as having occurred for the purposes of the social

security law.

(2) If:

(a) on AAT second review of a decision, the AAT sets the

decision aside; and

(b) the Secretary is satisfied that an event that did not occur

would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, treat

the event as having occurred for the purposes of the social security

law.

67 Sections 253 and 254

Repeal the sections.

68 Subclause 1(1) of Schedule 1

Insert:

AAT Act means the Administrative Appeals Tribunal Act 1975.

AAT first review has the meaning given by section 142.

AAT second review has the meaning given by section 179.

employment pathway plan decision: see section 140A.

69 Subclause 1(1) of Schedule 1 (definition of Principal

Member)

Repeal the definition (including the note).

70 Subclause 1(1) of Schedule 1

Insert:

section 525B decision: see section 140A.

71 Subclause 1(1) of Schedule 1 (definition of SSAT)

Repeal the definition (including the note).

Schedule 4 Child support amendments

120

Tribunals Amalgamation Bill 2014

No. , 2014

Schedule 4

--Child support amendments

Child Support (Assessment) Act 1989

1 Subsection 5(1)

Insert:

AAT Act means the Administrative Appeals Tribunal Act 1975.

2 Paragraph 33(4)(b)

Omit "subject to that Act, apply to the SSAT", substitute "subject to

that Act and the AAT Act, apply to the AAT".

3 Subparagraph 34(2)(b)(ii)

Omit "subject to that Act, apply to the SSAT", substitute "subject to

that Act and the AAT Act, apply to the AAT".

4 Paragraph 44(6)(b)

Omit "subject to that Act, apply to the SSAT", substitute "subject to

that Act and the AAT Act, apply to the AAT".

5 Subsection 54L(1)

Omit "subsections (2) and (3)", substitute "subsection (2)".

6 Subsections 54L(2) and (3)

Repeal the subsections, substitute:

(2) If:

(a) the AAT reviews a decision on application referred to in

section 111 or 128 of the Family Assistance Administration

Act; and

(b) the review involves (wholly or partly) a review of a

determination that:

(i) was made under a provision of Subdivision D of

Division 1 of Part 3 of the Family Assistance Act; or

(ii) has effect, under section 35T of that Act, as if it were a

determination made under such a provision; and

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

121

substituting the determination;

section 54K of this Act applies as if the determination as varied or

substituted were the family assistance care determination referred

to in that section.

7 Paragraphs 63AB(2)(b), 63AD(5)(b), 63AE(3)(b), 64AB(3)(b),

64AH(3)(b) and 66C(2)(b)

Omit "subject to that Act, apply to the SSAT", substitute "subject to

that Act and the AAT Act, apply to the AAT".

8 Subsection 70(1)

Repeal the subsection, substitute:

(1) The production of a notice of administrative assessment, or of a

document signed by the Registrar that appears to be a copy of a

notice of administrative assessment, is prima facie evidence:

(a) of the proper making of the administrative assessment; and

(b) except in proceedings to which subsection (1A) applies--that

all the particulars of the notice of administrative assessment

are correct.

(1A) For the purposes of paragraph (1)(b), this subsection applies to any

of the following proceedings relating to the administrative

assessment:

(a) an AAT first review or AAT second review for the purposes

of the Registration and Collection Act;

(b) an appeal under Part IVA of the AAT Act in relation to such

a review.

9 Section 72

Repeal the section, substitute:

72 Validity of assessments

Except in an AAT first review or AAT second review within the

meaning of the Registration and Collection Act, or an appeal under

Part IVA of the AAT Act in relation to such a review, the validity

of an assessment is not affected because any of the provisions of

this Act have not been complied with.

Schedule 4 Child support amendments

122

Tribunals Amalgamation Bill 2014

No. , 2014

10 Paragraph 75(3)(c)

Repeal the paragraph, substitute:

assessment are pending in the AAT or in a court having

jurisdiction under this Act, the Registration and Collection

Act or the AAT Act.

11 Paragraph 75(4)(f)

Repeal the paragraph, substitute:

(f) giving effect to a decision or order of the AAT or of a court

having jurisdiction under this Act, the Registration and

Collection Act or the AAT Act.

12 Subparagraph 76(3)(a)(ii)

Omit "subject to that Act), to apply to the SSAT", substitute "subject to

that Act and the AAT Act), to apply to the AAT".

13 Paragraph 76(3)(b)

Repeal the paragraph.

14 Paragraphs 80G(4)(b) and 96(2)(b)

Omit "subject to that Act), to apply to the SSAT", substitute "subject to

that Act and the AAT Act), to apply to the AAT".

15 Section 98E

Repeal the section, substitute:

98E Registrar may refuse to make determination because issues too

complex

If the Registrar is satisfied, after considering the application, that

the issues raised by the application are too complex to be dealt with

under this Part, the Registrar may refuse to make the determination

without taking any further action under this Part.

16 Paragraph 98JA(2)(b)

Repeal the paragraph, substitute:

(b) that if the party is aggrieved by a later decision on an

objection to the original decision (no matter who lodges the

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

123

objection), the party may apply, subject to the Registration

and Collection Act and the AAT Act, to the AAT for review

of the later decision.

17 Section 98R

Repeal the section, substitute:

98R Registrar may refuse to make determination because issues too

complex

If the Registrar is satisfied, after considering the information before

him or her and the representations (if any), that the issues involved

are too complex to be dealt with under this Part, the Registrar may

decide not to make the determination without taking any further

action under this Part.

18 Paragraph 98RA(2)(b)

Repeal the paragraph, substitute:

(b) that if the party is aggrieved by a later decision on an

objection to the original decision (no matter who lodges the

objection), the party may apply, subject to the Registration

and Collection Act and the AAT Act, to the AAT for review

of the later decision.

19 Paragraphs 116(1)(a), (aa) and (ab)

Repeal the paragraphs.

20 Paragraph 139(2A)(e)

Repeal the paragraph, substitute:

(e) in any other case--at the time when a decision that the

applicant was not entitled to administrative assessment of

child support becomes final, being a decision of the AAT or a

court under the AAT Act or on appeal from such a decision

of a court.

21 Paragraph 139(2B)(b)

Repeal the paragraph, substitute:

(b) to the AAT for an AAT first review within the meaning of

the Registration and Collection Act;

Schedule 4 Child support amendments

124

Tribunals Amalgamation Bill 2014

No. , 2014

22 Subsection 139(2B) (note)

Omit "SSAT become final, see subsection 110W(1)", substitute "AAT

become final, see section 110W".

23 Paragraph 146B(5)(c)

Omit "subject to that Act, apply to the SSAT", substitute "subject to

that Act and the AAT Act, apply to the AAT".

24 Subsection 146C(4)

Repeal the subsection, substitute:

(4) The liable parent and the carer entitled to child support are not

entitled:

(a) to make an application to the AAT for AAT first review

within the meaning of the Registration and Collection Act; or

(b) to make an application to a court under section 116;

in respect of the making of, or refusal to make, a determination

under Part 6A in accordance with subsection (2) or (3).

25 Paragraphs 146E(6)(b) and 151C(5)(b)

Omit "subject to that Act, apply to the SSAT", substitute "subject to

that Act and the AAT Act, apply to the AAT".

Child Support (Registration and Collection) Act 1988

26 Subsection 4(1)

Insert:

AAT Act means the Administrative Appeals Tribunal Act 1975.

AAT first review has the meaning given by section 89.

AAT second review has the meaning given by section 96A.

27 Subsection 4(1) (paragraph (a) of the definition of final)

Repeal the paragraph, substitute:

(a) in relation to a decision of the AAT--has the meaning given

by subsections 110W(1) and (1A); and

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

125

28 Subsection 4(1)

Repeal the following definitions:

(a) definition of SSAT;

(b) definition of SSAT member;

29 Subsection 7(3)

Omit ", the SSAT" (wherever occurring).

30 Paragraph 16(2AA)(a)

Omit "the SSAT from communicating the reasons for a decision of the

SSAT under Part VIIA", substitute "the AAT from communicating the

reasons for a decision of the AAT".

31 Paragraph 16(2AA)(b)

Repeal the paragraph, substitute:

(b) the Secretary from communicating the reasons for a decision

of the AAT to a person authorised by the Secretary; or

reasons for a decision of the AAT to a person authorised by

the Human Services Secretary.

32 Subsection 16(2AB)

Omit "Secretary, or a person authorised by the Secretary or the Human

Services Secretary, or a person authorised by the Human Services

Secretary, from publishing in written or electronic form the reasons for

a decision of the SSAT under Part VIIA", substitute "AAT from

publishing in written or electronic form the reasons for a decision of the

AAT on AAT first review or AAT second review".

33 Subsection 16(2AC)

Omit "the SSAT under Part VIIA", substitute "the AAT".

34 Subsection 16(3A)

Omit "an SSAT member", substitute "a member of the AAT".

Schedule 4 Child support amendments

126

Tribunals Amalgamation Bill 2014

No. , 2014

35 Paragraphs 42C(4)(b), 54(4)(b), 68(3)(b) and 71E(3)(b)

Omit "this Act, apply to the SSAT", substitute "this Act and the AAT

Act, apply to the AAT".

36 Section 79B (heading)

Repeal the heading, substitute:

79B Suspension determination--pending AAT and court reviews

37 Paragraph 79B(1)(a)

Omit "(whether under Part VII, VIIA or VIII)", substitute "(whether

under this Act or the AAT Act)".

38 Paragraph 79B(1)(b)

Repeal the paragraph, substitute:

(b) a proceeding has been brought by the payer under Part IVA

of the AAT Act (appeal to court on a question of law) in

relation to the payee's entitlement to administrative

assessment of child support for the child and the proceeding

is pending.

39 Subparagraph 79B(3)(b)(i)

Omit "SSAT", substitute "AAT".

40 Section 79D

Repeal the section, substitute:

79D Simplified outline of this Part

Certain persons can object under this Part to certain decisions of

the Registrar under the Assessment Act and this Act.

If a person objects to a decision, the Registrar is required to

reconsider the decision under this Part.

If a person is dissatisfied with the reconsideration, he or she can

apply to the AAT for review of the decision (an "AAT first

review").

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

127

41 Section 79E

Omit "SSAT under Part VIIA", substitute "AAT".

42 Paragraph 83(4)(b)

Omit "subject to this Act, to the SSAT", substitute "subject to this Act

and the AAT Act, to the AAT".

43 Paragraph 87(3)(b)

Repeal the paragraph, substitute:

(b) a statement to the effect that if the person is aggrieved by the

decision on the objection, the person may, subject to this Act

and the AAT Act, apply to the AAT for review of the

decision.

44 Paragraph 87AA(4)(b)

Omit "this Act, to the SSAT", substitute "this Act and the AAT Act, to

the AAT".

45 Part VIIA (heading)

Repeal the heading, substitute:

Part VIIA--Review by Administrative Appeals

Tribunal

46 Section 87A

Repeal the section, substitute:

87A Simplified outline of this Part

Certain decisions made by the Registrar on reconsideration under

Part VII are reviewable by the AAT. A person may apply to the

AAT for review of such a decision (an "AAT first review").

The person may apply to the AAT for a further review (an "AAT

second review") if the person is dissatisfied with any of the

following decisions of the AAT:

(a)

a decision to refuse an extension of time for a person to

make an application for AAT first review;

Schedule 4 Child support amendments

128

Tribunals Amalgamation Bill 2014

No. , 2014

(b)

a decision on AAT first review of a care percentage

decision;

(c)

a decision in relation to the date of effect of a decision

on AAT first review of a care percentage decision.

The rules relating to reviews by the AAT are mainly in the AAT

Act, but the operation of that Act is modified in some ways by this

Part.

The AAT Act allows a person to appeal to a court on a question of

law from a decision of the AAT.

47 Section 88

Repeal the section.

48 Division 2 of Part VIIA (heading)

Repeal the heading, substitute:

Division 2--Application for AAT first review

49 Subdivision A of Division 2 of Part VIIA (heading)

Repeal the heading.

50 Section 89 (heading)

Repeal the heading, substitute:

89 Application for AAT first review

51 Subsection 89(1)

Omit "(1) A person may apply to the SSAT for review", substitute "An

application may be made to the AAT for review (AAT first review)".

52 Subsection 89(2)

Repeal the subsection.

53 Subdivision B of Division 2 of Part VIIA (heading)

Repeal the heading.

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

129

54 Sections 90 and 91

Repeal the sections, substitute:

90 Time limit on application for AAT first review

(1) Paragraph 29(1)(d) of the AAT Act does not apply in relation to an

application for AAT first review of a care percentage decision.

Note:

Paragraph 29(1)(d) of the AAT Act generally requires an application

for review of a decision to be made within a 28 day period of the

person being given a copy of the decision.

(2) Despite paragraph 29(1)(d) of the AAT Act, if a person is a

resident of a reciprocating jurisdiction, an application for AAT first

review of a decision (other than a care percentage decision) must

be made within the period of 90 days starting on:

(a) if the decision is set out in item 1 or 2 of the table in

section 89--the day the relevant notice under

subsection 83(3) or 87(2) is served on the person; or

(b) otherwise--the day the relevant notice under

subsection 87AA(3), 110Y(4) or 110Z(4) is given to the

person.

91 Application for extension of time to apply for AAT first review

(1) If the period for applying for AAT first review has ended, a person

may make an application for AAT first review that includes a

written application (the extension application) requesting the AAT

to consider the application for AAT first review despite the ending

of the period.

(2) The extension application must state the reasons for the person's

failure to apply for the review within the period.

(3) Subsections 29(7) to (10) of the AAT Act do not apply in relation

to extensions of time for the making of applications for AAT first

review.

55 Section 92 (heading)

Repeal the heading, substitute:

Schedule 4 Child support amendments

130

Tribunals Amalgamation Bill 2014

No. , 2014

92 Consideration of application for extension of time to apply for

AAT first review

56 Subsection 92(1)

Omit "If a person applies to the SSAT under section 91 in relation to an

application for review, the SSAT Principal Member must", substitute

"If a person makes an extension application under section 91 in relation

to an application for AAT first review, the AAT must".

57 Paragraph 92(1)(b)

Omit "SSAT", substitute "AAT".

58 Paragraph 92(1)(c)

Omit "application for review under this Part", substitute "application for

AAT first review".

59 Subsections 92(1A) and (3)

Omit "SSAT Principal Member", substitute "AAT".

60 Subsection 92(4)

Repeal the subsection, substitute:

(4) If the AAT refuses the extension application, the notice under

subsection (3) must include, or be accompanied by, a statement to

the effect that the person may, subject to this Act and the AAT Act,

apply to the AAT for review of the decision.

Note:

See paragraph 96A(a). The review is an AAT second review.

61 Subsections 92(6) to (8)

Repeal the subsections, substitute:

(6) If an extension application under section 91 is granted, the

applicant is, for the purposes of this Act and the AAT Act, taken to

have validly made the application for AAT first review in which

the extension application was included.

62 Section 93

Repeal the section, substitute:

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

131

93 Certain procedures suspended for AAT first review until

extension application granted

(1) Section 29AC of the AAT Act does not apply in relation to an

application for AAT first review for which an extension

application has been made under section 91, unless the AAT or a

court decides the extension application is to be granted.

(2) If the AAT requests the Registrar to lodge with the AAT, in

relation to the application for AAT first review, the statement or

other documents referred to in subsection 37(1) of the AAT Act,

the Registrar must do so within 28 days after receiving the request.

63 Subdivisions C, D and E of Division 2 of Part VIIA

Repeal the Subdivisions.

64 Divisions 3 to 6 of Part VIIA

Repeal the Divisions, substitute:

Division 3--Other matters relating to AAT first review

95A Operation and implementation of decision under AAT first

review

Subsection 41(2) of the AAT Act does not apply in relation to an

application for AAT first review.

95B Variation of original decision after application is made for AAT

first review

(1) If the Registrar varies or substitutes a decision after an application

has been made for AAT first review of the decision, the application

is taken to be an application for AAT first review of the decision as

varied or substituted.

(2) The Registrar must give written notice of the variation or

substitution to the Registrar of the AAT.

(3) If the person who made the application does not want the AAT to

review the decision as varied or substituted, the person may notify

the AAT under subsection 42A(1A) or (1AA) of the AAT Act that

the application is discontinued or withdrawn.

Schedule 4 Child support amendments

132

Tribunals Amalgamation Bill 2014

No. , 2014

95C Procedure on receipt of application for AAT first review

(1) The AAT may, in relation to an application for AAT first review,

request the Registrar to lodge with the AAT the statement and

other documents referred to in subsection 37(1) of the AAT Act

before the end of the period that otherwise applies under that

subsection.

(2) If the AAT does so, the Registrar must take reasonable steps to

comply with the request.

(3) Nothing in this section prevents the operation of subsection 37(1A)

of the AAT Act.

95D Parties to AAT first review

The parties to an AAT first review of a decision include, in

addition to the parties referred to in subsection 30(1) of the AAT

Act, any other person who, under section 89 of this Act, is a person

who may apply for review of the decision.

95E Powers of AAT for purposes of AAT first review

Despite subsection 43(1) of the AAT Act, the AAT must not, for

the purposes of an AAT first review, exercise a power or discretion

conferred on the Registrar by a prescribed provision of this Act or

the Assessment Act.

95F AAT summons power for AAT first review

Section 40A of the AAT Act does not apply in relation to an AAT

first review.

95G Provision of further information by Registrar for AAT first

review

(1) The AAT may request the Registrar to provide the AAT with

information or a document that the Registrar has and that is

relevant to an AAT first review.

(2) The Registrar must comply with the request as soon as practicable

and no later than 14 days after the request is made.

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

133

(3) If the request specifies a number of copies of a requested

document, the Registrar must provide the AAT with that number of

copies of the document.

95H Power to obtain information for AAT first review

(1) If the AAT reasonably believes that a person has information or a

document that is relevant to an AAT first review, the AAT may, by

written notice given to the person, require the person:

(a) to give to the AAT, within the period and in the manner

specified in the notice, any such information; or

(b) to produce to the AAT, within the period and in the manner

specified in the notice, any such documents; or

the notice, and answer questions.

(2) A person commits an offence if:

(a) the AAT gives the person a notice under subsection (1); and

(b) the person fails to comply with the notice.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Subsection (2) does not apply if complying with the notice might

tend to incriminate the person.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

95J AAT may require Registrar to obtain information for AAT first

review

(1) If the AAT is satisfied that a person has information, or custody or

control of a document, that is relevant to an AAT first review, the

AAT may, for the purposes of the review, request the Registrar to

exercise the Registrar's powers under section 161 of the

Assessment Act or section 120 of this Act.

Note:

A person who fails to comply with a notice given by the Registrar

under section 161 of the Assessment Act or section 120 of this Act

commits an offence under that section.

(2) The Registrar must comply with the request as soon as practicable

and no later than 7 days after the request is made.

Schedule 4 Child support amendments

134

Tribunals Amalgamation Bill 2014

No. , 2014

95K Hearing of AAT first review in private

(1) The hearing of an AAT first review must be in private.

(2) The AAT may give directions, in writing or otherwise, as to the

persons who may be present at any hearing of an AAT first review.

(3) In giving directions, the AAT must have regard to the wishes of the

parties and the need to protect their privacy.

(4) Subsections 35(1) and (2) of the AAT Act do not apply in relation

to the hearing of an AAT first review.

95L Non-disclosure orders in relation to AAT first review

(1) If the Registrar applies to the AAT for a direction under

subsection 35(3) or (4) of the AAT Act (order for non-publication

or non-disclosure) in relation to an application for AAT first

review, the Registrar is not required to give a copy of the

Registrar's application to any party to the application for AAT first

review.

(2) Subsection (1) applies despite subparagraph 37(1AF)(b)(ii) of the

AAT Act.

95M Decision on AAT first review of care percentage decision

If:

(a) the AAT has reviewed a decision on application referred to in

section 111 or 128 of the Family Assistance Administration

Act; and

(b) that review involved (wholly or partly) a review of a

determination to which a care percentage decision relates;

the AAT must not, on AAT first review of the care percentage

decision, vary or substitute the decision in a way that would have

the effect of varying or substituting the determination referred to in

paragraph (b).

95N Date of effect of AAT first review decision relating to care

percentage decision

(1) If:

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

135

(a) on AAT first review, the AAT varies or substitutes a decision

on an objection to a care percentage decision; and

(b) the application for AAT first review was made more than 28

days, or, if the applicant is a resident of a reciprocating

jurisdiction, 90 days, after notice of the decision was given;

then, despite subsection 43(6) of the AAT Act, the decision as

varied or substituted by the AAT has or is taken to have had effect

on and from the day the application for AAT first review was

made.

(2) If the AAT is satisfied that there are special circumstances that

prevented the application for AAT first review being made within

the period referred to in paragraph (1)(b), the AAT may determine

that subsection (1) applies as if:

(a) for an applicant who is a resident of a reciprocating

jurisdiction--the reference to 90 days in that paragraph were

a reference to such longer period as the AAT determines to

be appropriate; or

(b) otherwise--the reference to 28 days in that paragraph were a

reference to such longer period as the AAT determines to be

appropriate.

(3) The AAT must give written notice of a decision to make, or not to

make, a determination under subsection (2) in relation to a person,

to each person affected by the decision.

Note:

The AAT's decision about the determination is reviewable (see

paragraph 96A(c)). The review is an AAT second review.

95P Notification of decisions and reasons for AAT first review

(1) Within 14 days after making a decision under subsection 43(1) of

the AAT Act on an AAT first review, the AAT must:

(a) give a written notice to the parties that sets out the decision;

and

(b) either:

(i) give reasons for the decision orally to the parties and

explain that they may request a written statement of

reasons; or

(ii) give the parties a written statement of reasons for the

decision.

Schedule 4 Child support amendments

136

Tribunals Amalgamation Bill 2014

No. , 2014

(2) A failure to comply with subsection (1) does not affect the validity

of the decision.

(3) A party to whom oral reasons are given may, within 14 days after

the oral reasons are given, request a written statement of reasons

for the decision. If the party does so, the AAT must give the party

the statement requested within 14 days after receiving the request.

(4) Subsections 43(2) and (2A) of the AAT Act do not apply in

relation to an AAT first review. However, any written statement of

reasons given must comply with subsection 43(2B) of that Act.

95Q Directions in relation to AAT first reviews

(1) The President of the AAT may, by legislative instrument, give

directions in relation to the conduct of AAT first reviews or any

other matter referred to in section 18B of the AAT Act so far as it

relates to AAT first reviews.

(2) A direction must not be inconsistent with a provision of this Act or

the Assessment Act.

(3) This section does not limit the President's powers to give

directions under the AAT Act in relation to AAT first reviews.

Division 4--Application for AAT second review

96A Application for AAT second review

An application may be made to the AAT for review (AAT second

review) of the following decisions of the AAT:

(a) a decision under section 92 to refuse an extension

application;

(b) a decision under subsection 43(1) of the AAT Act on AAT

first review of a care percentage decision;

a determination.

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

137

96B Notice of application for AAT second review

Extension application

(1) The AAT Act applies in relation to an application referred to in

paragraph 96A(a) as if the reference in paragraph 29AC(1)(b) of

the AAT Act to the person who made the decision were a reference

to the Registrar within the meaning of this Act.

Care percentage decision

(2) The AAT Act applies in relation to an application referred to in

paragraph 96A(b) or (c) as if the reference in

paragraph 29AC(1)(b) of the AAT Act to the person who made the

decision were a reference to each person who was a party to the

relevant AAT first review, other than the applicant for AAT second

review.

Division 5--Other matters relating to AAT second review

97A Parties to AAT second review

Extension application

(1) The AAT Act applies in relation to an application referred to in

paragraph 96A(a) as if the reference in paragraph 30(1)(b) of the

AAT Act to the person who made the decision were a reference to

the Registrar within the meaning of this Act.

Care percentage decision

(2) The AAT Act applies in relation to an application referred to in

paragraph 96A(b) or (c) as if the reference in paragraph 30(1)(b) of

the AAT Act to the person who made the decision were a reference

to each person who was a party to the relevant AAT first review,

other than the applicant for AAT second review.

97B Operation and implementation of decisions subject to AAT

second review

(1) The AAT Act applies in relation to an application for AAT second

review of a decision referred to in paragraph 96A(b) as if the

Schedule 4 Child support amendments

138

Tribunals Amalgamation Bill 2014

No. , 2014

reference in subsection 41(2) of the AAT Act to the decision to

which the relevant proceeding relates were a reference to:

(a) if, on AAT first review, the AAT affirmed the original

decision--the original decision; and

(b) otherwise--both the original decision and whichever of the

following is applicable in relation to the AAT first review:

(i) the original decision as varied by the AAT;

(ii) the decision substituted by the AAT;

(iii) the decision made as a result of reconsideration by the

Registrar (within the meaning of this Act) in accordance

with any directions or recommendations of the AAT.

(2) For the purposes of subsection (1), the original decision is the

decision that was the subject of the AAT first review.

(3) The AAT Act applies in relation to an application for AAT second

review of a decision referred to in paragraph 96A(b) as if

references in subsections 41(4) and (5) of the AAT Act to the

person who made the decision to which the relevant proceeding

relates were references to each party to the relevant AAT first

review.

97C Variation of original decision after application is made for AAT

second review

(1) If the Registrar varies or substitutes a decision after an application

referred to in paragraph 96A(b) has been made for AAT second

review in relation to the decision:

(a) the AAT is taken, on AAT first review, to have varied or

substituted the decision in the way the Registrar did; and

(b) the application is taken to be an application for AAT second

review of the decision as varied or substituted.

(2) The Registrar must give written notice of the variation or

substitution to the Registrar of the AAT.

(3) If the person who made the application does not want the AAT to

review the decision as varied or substituted, the person may notify

the AAT under subsection 42A(1A) or (1AA) of the AAT Act that

the application is discontinued or withdrawn.

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

139

97D Failure of party to appear at AAT second review

The AAT Act applies in relation to an application for AAT second

review as if the reference in subsection 42A(2) of the AAT Act to

the person who made the decision were a reference to the Registrar

within the meaning of this Act.

97E Decision on AAT second review of care percentage decision

If:

(a) the AAT has reviewed a decision on application referred to in

section 128 of the Family Assistance Administration Act; and

(b) that review involved (wholly or partly) a review of a

determination to which a care percentage decision relates;

then, despite subsection 43(1) of the AAT Act, the AAT must not,

on AAT second review of the care percentage decision, vary or

substitute the decision in a way that would have the effect of

varying or substituting the determination referred to in

paragraph (b).

Division 6--Matters relating to both AAT first review and

AAT second review

98A Evidence of children in AAT first reviews and AAT second

reviews

A child aged under 18 is not to give oral testimony for the purposes

of an AAT first review or AAT second review of a decision that

relates to the child if:

(a) he or she is the child of a party; or

(b) a party is a non-parent carer of the child.

98B Orders restricting disclosure of information relating to AAT

first reviews and AAT second reviews

(1) To avoid doubt, an order made under subsection 35(3) or (4) of the

AAT Act in relation to an AAT first review or AAT second review

may only prohibit or restrict the publication or other disclosure of

information that has been disclosed for the purposes of that review.

Schedule 4 Child support amendments

140

Tribunals Amalgamation Bill 2014

No. , 2014

(2) An order made under subsection 35(3) or (4) of the AAT Act in

relation to an AAT first review or AAT second review does not

apply in relation to information the person knew before it was

disclosed to the person for the purposes of the review.

Note:

It is an offence to contravene an order under subsection 35(3) or (4) of

the AAT Act (see section 62C of that Act). A defendant bears an

evidential burden in relation to the matter in subsection (2): see

subsection 13.3(3) of the Criminal Code.

98C Orders restricting secondary disclosure of information relating

to AAT first reviews and AAT second reviews

(1) This section applies if an order (the primary order) made under

subsection 35(3) or (4) of the AAT Act in relation to an AAT first

review or AAT second review prohibits a person from disclosing

information specified in the order, except to any of the following

(an authorised recipient):

(a) a specified person;

(b) a member of a specified class.

(2) The AAT may, by order, give directions prohibiting or restricting

an authorised recipient from disclosing the information specified in

the primary order.

(3) A person commits an offence if:

(a) an order is made under subsection (2) in relation to the

person; and

(b) the person fails to comply with the order.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(4) Subsection (3) does not apply in relation to information the person

knew before it was disclosed to the person in accordance with the

primary order.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (4) (see subsection 13.3(3) of the Criminal Code).

98D Parties to court proceedings in relation to AAT first review or

AAT second review

If a party to an AAT first review or AAT second review appeals

under Part IVA of the AAT Act to a court on a question of law

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

141

from a decision of the Tribunal in relation to the review, the parties

to the proceeding in the court are the parties to the review.

65 Section 103ZB

Repeal the section, substitute:

Jurisdiction under this Act is conferred on certain federal and State

courts.

However, appeals on questions of law from decisions of the AAT

are dealt with under the AAT Act.

66 Division 3 of Part VIII

Repeal the Division.

67 Section 110N

Repeal the section, substitute:

110N Simplified outline

The reconsideration of a decision of the Registrar, the AAT or a

court does not affect the operation of the decision or prevent the

taking of any action to implement the decision.

Once a decision becomes final, the Registrar must implement the

decision.

A person might commit an offence if the person publishes an

account of a proceeding, or a list of proceedings, in the AAT for

AAT first review or AAT second review, or in a court in relation to

such a review, that identifies persons involved in the proceedings.

The date of effect of reviews of decisions made under the Family

Assistance Administration Act that apply for child support

purposes is dealt with in Division 6.

68 Subsection 110P(2)

Repeal the subsection, substitute:

Schedule 4 Child support amendments

142

Tribunals Amalgamation Bill 2014

No. , 2014

(2) This Division is subject to the following provisions (which

authorise the making of stay orders):

(a) section 111C of this Act;

(b) section 41 of the AAT Act;

applies because of paragraph 44AAA(2)(b) of the AAT Act.

69 Paragraphs 110Q(b) and (c)

Repeal the paragraphs, substitute:

(b) an application to the AAT for AAT first review of that

objection or AAT second review of a decision on that AAT

first review;

AAT Act;

70 Section 110V

Omit "SSAT", substitute "AAT".

71 Subsection 110W(1)

Repeal the subsection, substitute:

AAT decisions for which there is no further AAT review

(1) For the purposes of the Assessment Act and this Act, if:

(a) a decision is a decision of the AAT on AAT first review or

AAT second review; and

(b) for a decision on AAT first review--no application may be

made for AAT second review of the decision; and

under the AAT Act; and

(d) an appeal is not made within the period for doing so;

the decision becomes final at the end of that period.

AAT decisions for which AAT second review is available

(1A) For the purposes of the Assessment Act and this Act, if:

(a) a decision is a decision of the AAT on AAT first review; and

(b) an application may be made for AAT second review of the

decision; and

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

143

the decision becomes final at the end of that period.

72 Subparagraph 110W(4)(b)(ii)

Omit "SSAT under Part VIIA of this Act", substitute "AAT".

73 Subparagraph 110W(4)(b)(iii)

Omit "Subdivision B of Division 3 of Part VIII of this Act", substitute

"Part IVA of the AAT Act".

74 Paragraph 110X(1)(a)

Omit "proceedings, or of any part of any proceedings, under Part VIIA

or Division 3 of Part VIII", substitute "designated review proceedings".

75 Subparagraph 110X(3)(a)(ii)

Omit "SSAT", substitute "AAT".

76 Paragraph 110X(3)(a)

Omit "proceedings under Part VIIA or Division 3 of Part VIII",

substitute "designated review proceedings".

77 Paragraph 110X(4)(e)

Repeal the paragraph, substitute:

(e) the publication by the AAT of lists of designated review

proceedings, identified by reference to the names of the

parties, that are to be dealt with by the AAT; or

78 Subsection 110X(7)

Insert:

designated review proceedings means proceedings:

(a) in the AAT for AAT first review or AAT second review; or

(b) in a court under Part IVA of the AAT Act in relation to such

a review.

79 Division 5 of Part VIIIA

Repeal the Division.

Schedule 4 Child support amendments

144

Tribunals Amalgamation Bill 2014

No. , 2014

80 Paragraph 110Y(5)(b)

Omit "subject to this Act, to the SSAT", substitute "subject to this Act

and the AAT Act, to the AAT".

81 Section 110Z (heading)

Repeal the heading, substitute:

110Z Date of effect of AAT first reviews under the Family

Assistance Administration Act that apply for child

support purposes

82 Paragraph 110Z(1)(a)

Repeal the paragraph, substitute:

(a) a person makes an application for AAT first review (within

the meaning of the Family Assistance Administration Act) of

a decision (the original decision); and

83 Paragraph 110Z(5)(b)

Omit "this Act, to the SSAT", substitute "this Act and the AAT Act, to

the AAT".

84 Section 111A

Repeal the section, substitute:

111A Simplified outline of this Part

A court exercising jurisdiction under this Act has broad powers.

A court may make an order staying or otherwise affecting the

operation of the Assessment Act or this Act. Such an order may be

made under this Act except in relation to decisions subject to AAT

second review, for which the AAT Act makes provision.

A court must send the Registrar a copy of an order it makes under

this Act.

The Registrar may intervene in proceedings.

Child support amendments Schedule 4

No. , 2014

Tribunals Amalgamation Bill 2014

145

There are specific provisions relating to a proceeding brought by a

payee of a registered maintenance liability under section 113A.

A court order might cease to be in effect because a terminating

event happens.

85 Paragraph 111C(1)(c)

Repeal the paragraph, substitute:

86 Subparagraph 111C(5)(b)(ii)

Omit "SSAT", substitute "AAT".

87 Subsection 116(1A)

Omit "proceedings under Part VII or VIIA, or under Subdivision B of

Division 3 of Part VIII,", substitute "proceedings under Part VII, in the

AAT for an AAT first review or AAT second review or in a court under

Part IVA of the AAT Act in relation to such a review,".

88 Subsection 116(1B)

Omit "proceedings under Part VII or VIIA, or under Subdivision B of

Division 3 of Part VIII,", substitute "proceedings under Part VII, in the

AAT for an AAT first review or AAT second review or in a court under

Part IVA of the AAT Act in relation to such a review,".

Schedule 5 Family assistance amendments

146

Tribunals Amalgamation Bill 2014

No. , 2014

Schedule 5

--Family assistance amendments

A New Tax System (Family Assistance) Act 1999

1 Subsection 35U(1)

Omit "subsections (2) and (3)", substitute "subsection (2)".

2 Subsections 35U(2) and (3)

Repeal the subsections, substitute:

(2) If:

(a) the AAT has reviewed a decision on application referred to in

section 89 or paragraph 96A(b) of the Child Support

(Registration and Collection) Act 1988; and

(b) the review involves (wholly or partly) a review of a

determination that:

(i) was made under a provision of Subdivision B of

Division 4 of Part 5 of the Child Support (Assessment)

Act 1989; or

(ii) has effect, under section 54K of that Act, as if it were a

determination made under such a provision; and

substituting the determination;

section 35T of this Act applies as if the determination as varied or

substituted were the child support care determination referred to in

that section.

A New Tax System (Family Assistance) (Administration) Act

1999

3 Subsection 3(1)

Insert:

AAT first review has the meaning given by section 111.

AAT second review has the meaning given by section 128.

AAT single review has the meaning given by section 138.

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

147

4 Subsection 3(1)

Repeal the following definitions:

(a) definition of Principal Member;

(b) definition of SSAT;

5 Paragraph 73(a)

Omit "under section 142 for review", substitute "for AAT second

review".

6 Subsection 105(2)

Repeal the subsection, substitute:

Secretary may review decision even if application has been made

to the AAT

(2) The Secretary may review the original decision even if an

application has been made to the AAT for review in relation to the

decision.

7 Subsection 106(6)

Repeal the subsection, substitute:

(6) If the Secretary makes a review decision under section 105 to vary

or substitute a decision after a person has applied to the AAT for a

review in relation to the decision, the Secretary must give written

notice of the Secretary's review decision to the Registrar of the

AAT.

8 Subsection 109A(4)

Omit "SSAT" (wherever occurring), substitute "AAT".

9 Subsection 109D(6) (paragraph (c) of the definition of

excepted decision)

Omit "a decision of a kind mentioned in subsection 144(1)", substitute

"of a kind mentioned in subsection 138(4)".

10 Section 109DA

Omit "subsection 144(1)", substitute "subsection 138(4)".

Schedule 5 Family assistance amendments

148

Tribunals Amalgamation Bill 2014

No. , 2014

11 Paragraph 109H(1)(a)

Omit "subject to this Part, apply to the SSAT", substitute "subject to

this Part and the AAT Act, apply to the AAT".

12 Subparagraph 109H(1)(b)(iii)

Omit "based; and", substitute "based.".

13 Paragraph 109H(1)(c)

Repeal the paragraph.

14 Division 2 of Part 5 (heading)

Repeal the heading, substitute:

Division 2--Review by Administrative Appeals Tribunal

15 Section 110

Repeal the section, substitute:

Subdivision A--Simplified outline of this Division

110 Simplified outline of this Division

If a person is dissatisfied with a decision of a decision reviewer

under Division 1, the person may apply to the AAT for review of

the decision (an "AAT first review") (certain decisions are

excepted).

If a person is dissatisfied with a decision of the AAT on AAT first

review, the person may apply to the AAT for further review (an

"AAT second review").

Certain decisions may only be reviewed once by the AAT (an

"AAT single review").

The rules relating to reviews by the AAT are mainly in the AAT

Act, but the operation of that Act is modified in some ways by this

Division.

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

149

The AAT Act allows a person to appeal to a court on a question of

law from a decision of the AAT on AAT second review or AAT

single review.

Subdivision B--Application for AAT first review

16 Section 111 (heading)

Repeal the heading, substitute:

111 Application for AAT first review

17 Subsection 111(1)

Omit "a person affected by the decision may apply to the Social

Security Appeals Tribunal for review", substitute "application may be

made to the AAT for review (AAT first review)".

18 Subsection 111(1) (note)

Omit "under this section".

19 Subsection 111(1A)

Omit "a person whose interests are affected by the decision may apply

to the SSAT for review", substitute "application may be made to the

AAT for review (also AAT first review)".

20 Paragraph 111(2)(c)

Omit "112", substitute "113".

21 Paragraph 111(2)(e)

Omit "section 146", substitute "section 137 or 141".

22 Sections 111A to 118

Repeal the sections, substitute:

111A Time limit for application for AAT first review

13 week time limit for decisions other than excepted decisions

(1) Subject to subsection (2), an application for AAT first review of a

decision, other than a decision excepted under subsection (5), must

Schedule 5 Family assistance amendments

150

Tribunals Amalgamation Bill 2014

No. , 2014

be made no later than 13 weeks after the person is notified of the

decision.

(2) The AAT may, if it determines that there are special circumstances

that prevented the person from making an application for AAT first

review of a decision of the kind referred to in subsection (1) within

the 13 weeks mentioned in subsection (1), permit a person to make

the application after the end of that period and within such further

period as the AAT determines to be appropriate.

(3) Subsections (1) and (2) apply despite paragraph 29(1)(d) and

subsections 29(7) to (10) of the AAT Act.

No time limit for excepted decisions

(4) Paragraph 29(1)(d) of the AAT Act does not apply in relation to an

application for AAT first review of a decision that is excepted

under subsection (5).

Excepted decisions

(5) A decision is excepted under this subsection if the decision:

(a) relates to the payment to a person of family tax benefit by

instalment; or

(b) relates to the raising of a debt under Division 2 of Part 4.

Subdivision C--Other matters relating to AAT first review

112 Operation and implementation of decision under AAT first

review

Subsection 41(2) of the AAT Act does not apply in relation to an

application for AAT first review.

113 Secretary may continue certain matters pending outcome of

application for AAT first review

(1) If:

(a) an adverse family assistance decision referred to in

paragraph (a) or (b) of the definition of adverse family

assistance decision in subsection (5) is made; and

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

151

(b) the adverse decision depends on the exercise of a discretion,

or the holding of an opinion, by a person; and

adverse decision;

the Secretary may declare that entitlement to the family assistance

is to continue, pending the determination of the review, as if the

adverse decision had not been made.

(2) If:

(a) an adverse family assistance decision referred to in

paragraph (c), (d) or (e) of the definition of adverse family

assistance decision in subsection (5) is made; and

(b) the adverse decision depends on the exercise of a discretion,

or the holding of an opinion, by a person; and

adverse decision;

the Secretary may declare:

(d) in the case of an adverse family assistance decision referred

to in paragraph (c) of the definition in subsection (5)--that

the conditional eligibility to which the decision relates is to

continue as if the adverse decision had not been made; and

(e) in the case of an adverse family assistance decision referred

to in paragraph (d) of the definition in subsection (5)--that

the limit or percentage to which the decision relates is to

continue as if the adverse decision had not been made; and

(f) in the case of an adverse family assistance decision referred

to in paragraph (e) of the definition in subsection (5)--that

the eligibility for the special grandparent rate to which the

decision relates is to continue as if the adverse decision had

not been made.

(3) While the declaration is in force in relation to the adverse decision,

this Act (other than this Part) applies as if the adverse decision had

not been made.

(4) The declaration:

(a) starts to have effect on the day it is made or on the earlier day

(if any) specified in the declaration; and

(b) stops having effect if:

Schedule 5 Family assistance amendments

152

Tribunals Amalgamation Bill 2014

No. , 2014

(i) the AAT dismisses the application for AAT first review

of the adverse decision; or

(ii) the AAT determines the AAT first review of the adverse

decision; or

(iii) the Secretary revokes the declaration.

(5) In this section:

adverse family assistance decision, in relation to a person, means

any decision having the effect that:

(a) the person ceases to be entitled to family assistance; or

(b) the person's entitlement to family assistance is reduced; or

benefit by fee reduction; or

(d) the weekly limit of hours, the CCB % or the schooling %

applicable to the person is reduced; or

(e) the person ceases to be eligible for the special grandparent

rate for a child.

114 Arrangements for AAT first review if section 113 declaration in

force

If a declaration under section 113 is in force in relation to a

decision for which an application for AAT first review has been

made, the President of the AAT must take reasonable steps to

ensure that the decision is reviewed as quickly as possible.

115 Variation of original decision after application is made for AAT

first review

(1) If an officer varies or substitutes a decision after an application has

been made for AAT first review of the decision, the application is

taken to be an application for AAT first review of the decision as

varied or substituted.

(2) If the person who made the application does not want the AAT to

review the decision as varied or substituted, the person may notify

the AAT under subsection 42A(1A) or (1AA) of the AAT Act that

the application is discontinued or withdrawn.

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

153

116 Procedure on receipt of application for AAT first review

(1) The AAT may, in relation to an application for AAT first review,

request the Secretary to lodge with the AAT the statement and

other documents referred to in subsection 37(1) of the AAT Act

before the end of the period that otherwise applies under that

subsection.

(2) If the AAT does so, the Secretary must take reasonable steps to

comply with the request.

(3) Nothing in this section prevents the operation of subsection 37(1A)

of the AAT Act.

117 AAT summons power for AAT first reviews

Section 40A of the AAT Act does not apply in relation to an AAT

first review.

118 Provision of further information by Secretary for AAT first

reviews

(1) The AAT may request the Secretary to provide the AAT with

information or a document that the Secretary has and that is

relevant to an AAT first review.

(2) The Secretary must comply with the request as soon as practicable

and no later than 14 days after the request is made.

119 Power to obtain information for AAT first reviews

(1) If the AAT reasonably believes that a person has information or a

document that is relevant to an AAT first review, the AAT may, by

written notice given to the person, require the person:

(a) to give to the AAT, within the period and in the manner

specified in the notice, any such information; or

(b) to produce to the AAT, within the period and in the manner

specified in the notice, any such documents.

(2) A person commits an offence if:

(a) the AAT gives the person a notice under subsection (1); and

(b) the person fails to comply with the notice.

Schedule 5 Family assistance amendments

154

Tribunals Amalgamation Bill 2014

No. , 2014

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Subsection (2) does not apply if complying with the notice might

tend to incriminate the person.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

120 AAT may require Secretary to obtain information for AAT first

review

(1) If the AAT is satisfied that a person has information, or custody or

control of a document, that is relevant to an AAT first review, the

AAT may, for the purposes of the review, request the Secretary to

exercise the Secretary's powers under section 154.

(2) The Secretary must comply with the request as soon as practicable

and no later than 7 days after the request is made.

121 Hearing of AAT first review in private

(1) The hearing of an AAT first review must be in private.

(2) The AAT may give directions, in writing or otherwise, as to the

persons who may be present at any hearing of an AAT first review.

(3) In giving directions, the AAT must have regard to the wishes of the

parties and the need to protect their privacy.

(4) Subsections 35(1) and (2) of the AAT Act do not apply in relation

to the hearing of an AAT first review.

122 Costs of AAT first review

(1) Subject to subsection (4), a party to an AAT first review must bear

any expenses incurred by the party in connection with the review.

(2) The AAT may determine that the Commonwealth is to pay the

reasonable costs that are:

(a) incurred by a party for travel and accommodation in

connection with an AAT first review; and

(b) specified in the determination.

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

155

(3) If the AAT arranges for the provision of a medical service in

relation to a party to an AAT first review, the AAT may determine

that the Commonwealth is to pay the costs of the provision of the

service.

(4) If the AAT makes a determination under subsection (2) or (3), the

costs to which the determination relates are payable by the

Commonwealth.

123 Decision on AAT first review of care percentage decision

If:

(a) the AAT has reviewed a decision on application referred to in

section 89 or paragraph 96A(b) of the Child Support

(Registration and Collection) Act 1988; and

(b) that review involved (wholly or partly) a review of a

determination to which a care percentage decision relates;

then, despite subsection 43(1) of the AAT Act, the AAT must not,

on AAT first review of the care percentage decision, vary or

substitute the decision in a way that would have the effect of

varying or substituting the determination referred to in

paragraph (b).

124 Certain other decisions on AAT first review

(1) If, on AAT first review of a decision, the AAT sets the decision

aside under subsection 43(1) of the AAT Act and substitutes for it

a decision that a person is entitled to have a payment made under

this Act, the AAT must:

(a) assess the amount of the payment; or

(b) ask the Secretary to assess the amount of the payment.

(2) If, on AAT first review of a decision, the AAT sets the decision

aside under subsection 43(1) of the AAT Act and substitutes for it

a decision that a person is conditionally eligible for child care

benefit by fee reduction, the AAT must:

(a) ask the Secretary to determine the weekly limit of hours,

CCB % and schooling % applicable to the person; and

(b) if the limit or percentage affects the amount of the

entitlement of the person--assess that amount.

Schedule 5 Family assistance amendments

156

Tribunals Amalgamation Bill 2014

No. , 2014

(3) If, on AAT first review of a decision, the AAT sets the decision

aside under subsection 43(1) of the AAT Act and substitutes for it

a decision that the weekly limit of hours, the CCB % or the

schooling % applicable to a person is to be increased, the AAT

must:

(a) determine what the limit or percentage is to be; or

(b) ask the Secretary to assess the limit or percentage.

125 Date of effect of certain AAT first review decisions relating to

payment of family tax benefit

(1) If:

(a) a person makes an application for AAT first review of a

decision (the original decision) relating to the payment to a

person of family tax benefit by instalment; and

(b) the application is made more than 13 weeks after the person

was given notice of the original decision; and

AAT Act to vary or substitute the original decision; and

(d) the decision of the AAT will have the effect of creating or

increasing an entitlement to be paid family tax benefit by

instalment;

then, despite subsection 43(6) of the AAT Act, the date of effect of

the decision of the AAT is:

(e) unless paragraph (f) applies--the date that would give full

effect to the decision of the AAT; or

(f) if the date referred to in paragraph (e) is earlier than the first

day of the income year before the income year in which the

application to the AAT for review was made--that first day.

(2) The AAT may, if satisfied that there are special circumstances that

prevented the applicant from making an application within 13

weeks, determine that subsection (1) applies as if the reference to

13 weeks were a reference to such longer period as the AAT

determines to be appropriate.

126 Notification of decisions and reasons for AAT first review

(1) If, on AAT first review of a decision, the AAT makes a decision

under subsection 43(1) of the AAT Act to affirm the decision

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

157

under review, the AAT must, within 14 days of making the

decision:

(a) give a written notice to the parties that sets out the decision;

and

(b) either:

(i) give reasons for the decision orally to the parties and

explain that they may request a written statement of

reasons; or

(ii) give the parties a written statement of reasons for the

decision.

(2) If, on AAT first review of a decision, the AAT makes a decision

under subsection 43(1) of the AAT Act that is other than to affirm

the decision under review, the AAT must, within 14 days of

making the decision:

(a) give a written notice to the parties that sets out the decision;

and

(b) give the parties a written statement of reasons for the

decision.

(3) A failure to comply with subsection (1) or (2) does not affect the

validity of the decision.

(4) A party to whom oral reasons are given may, within 14 days after

the oral reasons are given, request a written statement of reasons

for the decision. If the party does so, the AAT must give the party

the statement requested within 14 days after receiving the request.

(5) Subsections 43(2) and (2A) of the AAT Act do not apply in

relation to an AAT first review. However, any written statement of

reasons given must comply with subsection 43(2B) of that Act.

127 Secretary or AAT may treat event as having occurred if decision

set aside on AAT first review

If:

(a) on AAT first review of a decision, the AAT sets the decision

aside under subsection 43(1) of the AAT Act; and

(b) the Secretary or the AAT, as the case may be, is satisfied that

an event that did not occur would have occurred if the

decision had not been made;

Schedule 5 Family assistance amendments

158

Tribunals Amalgamation Bill 2014

No. , 2014

the Secretary or the AAT may, if satisfied that it is reasonable to do

so, treat the event as having occurred for the purposes of the family

assistance law.

23 Divisions 3 and 4 of Part 5

Repeal the Divisions, substitute:

Subdivision D--Application for AAT second review

128 Application for AAT second review

(1) Application may be made to the AAT for review (AAT second

review) of a decision made by the AAT under subsection 43(1) of

the AAT Act on AAT first review.

(2) For the purposes of subsection (1), the decision on AAT first

review is taken to be:

(a) if the AAT affirmed a decision--the decision as affirmed;

and

(b) if the AAT varied a decision--the decision as varied; and

decision--the new decision; and

(d) if the AAT set a decision aside and sent the matter back to

the Secretary for reconsideration in accordance with any

directions or recommendations of the AAT--the directions or

recommendations of the AAT.

129 Notice of application for AAT second review

The AAT Act applies in relation to an application for AAT second

review of a decision as if the reference in paragraph 29AC(1)(b) of

the AAT Act to the person who made the decision were a reference

to each person who was a party to the relevant AAT first review,

other than the applicant for AAT second review.

Subdivision E--Other matters relating to AAT second review

130 Parties to AAT second review

The AAT Act applies in relation to an application for AAT second

review of a decision as if the reference in paragraph 30(1)(b) of the

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

159

AAT Act to the person who made the decision were a reference to

each party to the relevant AAT first review, other than the

applicant for AAT second review.

131 Operation and implementation of decision subject to AAT

second review

(1) The AAT Act applies in relation to an application for AAT second

review of a decision as if the reference in subsection 41(2) of the

AAT Act to the decision to which the relevant proceeding relates

were a reference to:

(a) if, on AAT first review, the AAT affirmed the original

decision--the original decision; and

(b) otherwise--both the original decision and whichever of the

following is applicable in relation to the AAT first review:

(i) the original decision as varied by the AAT;

(ii) the decision substituted by the AAT;

(iii) the decision made as a result of reconsideration by the

Secretary in accordance with any directions or

recommendations of the AAT.

(2) For the purposes of subsection (1), the original decision is the

decision that was the subject of the AAT first review.

(3) The AAT Act applies in relation to an application for AAT second

review of a decision as if references in subsections 41(4) and (5) of

the AAT Act to the person who made the decision to which the

relevant proceeding relates were references to each party to the

relevant AAT first review.

132 Variation of original decision after application is made for AAT

second review

(1) If an officer varies or substitutes a decision after an application has

been made for AAT second review in relation to the decision:

(a) the AAT is taken, on AAT first review, to have varied or

substituted the decision under review in the way the officer

did; and

(b) the application is taken to be an application for AAT second

review of the decision as varied or substituted.

Schedule 5 Family assistance amendments

160

Tribunals Amalgamation Bill 2014

No. , 2014

(2) If the person who made the application does not want a review of

the decision as varied or substituted, the person may notify the

AAT under subsection 42A(1A) or (1AA) of the AAT Act that the

application is discontinued or withdrawn.

133 Failure of party to appear at AAT second review

The AAT Act applies in relation to an application for AAT second

review of a decision as if the reference in subsection 42A(2) of the

AAT Act to the person who made the decision were a reference to

the Secretary.

134 Decision on AAT second review of care percentage decision

If:

(a) the AAT has reviewed a decision on application referred to in

paragraph 96A(b) of the Child Support (Registration and

Collection) Act 1988; and

(b) that review involved (wholly or partly) a review of a

determination to which a care percentage decision relates;

then, despite subsection 43(1) of the AAT Act, the AAT must not,

on AAT second review of the care percentage decision, vary or

substitute the decision in a way that would have the effect of

varying or substituting the determination referred to in

paragraph (b).

135 Secretary may treat event as having occurred if decision set

aside on AAT second review

If:

(a) on AAT second review of a decision, the AAT sets the

decision aside under subsection 43(1) of the AAT Act; and

(b) the Secretary is satisfied that an event that did not occur

would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, treat

the event as having occurred for the purposes of the family

assistance law.

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

161

Subdivision F--Matters relating to both AAT first review and

AAT second review

136 Notice by Secretary of certain AAT decisions on AAT first

review or AAT second review

(1) This section applies if:

(a) the AAT makes a decision on AAT first review or AAT

second review in respect of an individual claiming child care

benefit by fee reduction for care provided by an approved

child care service to a child; and

(b) the decision on review is to vary, or set aside and substitute a

new decision for one of the following decisions:

(i) a determination of conditional eligibility;

(ii) a weekly limit of hours, CCB % or schooling %

applicable to the individual;

(iii) a determination whether the individual is eligible for the

special grandparent rate for the child;

(iv) a determination of rate under subsection 81(2) or (3) of

the Family Assistance Act; and

(i) the service is still providing care to the child; and

(ii) a determination of conditional eligibility is still in force

in respect of the individual with effect that the

individual is conditionally eligible.

(2) The Secretary:

(a) must give notice of an AAT decision mentioned in

subparagraph (1)(b)(iv) to the service; and

(b) must state in the notice the effect of the decision; and

using an electronic interface.

(3) The Secretary may make the notice of an AAT decision mentioned

in paragraph (1)(b) (other than subparagraph (1)(b)(iv)) available

to the service, including by making the notice available to the

service using an electronic interface.

Schedule 5 Family assistance amendments

162

Tribunals Amalgamation Bill 2014

No. , 2014

137 Settlement of proceedings before the AAT

(1) The Secretary may agree, in writing, with other parties to settle

proceedings before the AAT if the proceedings are an AAT first

review or AAT second review and they relate to the recovery of a

debt.

(2) If proceedings are settled and the Secretary gives the AAT a copy

of the agreement to settle the proceedings, the application for

review of the decision the subject of the proceedings is taken to

have been dismissed.

Subdivision G--AAT single review

138 Applications for AAT single review

Decisions of Secretary or authorised review officer

(1) If:

(a) a decision of the kind mentioned in subsection (4) has been

reviewed under section 109A; and

(b) the decision has been affirmed, varied or set aside and

substituted by the Secretary or authorised review officer

under subsection 109A(2);

applications may be made to the AAT for review (AAT single

review) of the decision of the Secretary or an authorised review

officer.

(2) For the purposes of subsection (1), the decision of the Secretary or

authorised review officer is taken to be:

(a) if the Secretary or authorised review officer affirmed a

decision--that decision as affirmed; or

(b) if the Secretary or authorised review officer varied a

decision--that decision as varied; or

decision and substituted a new decision--the new decision.

Decisions made personally by agency heads

(3) Applications may also be made to the AAT for review (also an

AAT single review) of a decision of the kind mentioned in

subsection (4) made by:

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

163

(a) the Secretary personally; or

(b) another agency head personally in the exercise of a delegated

power; or

(d) the Chief Executive Medicare in the exercise of a delegated

power.

Kinds of decisions

(4) For the purposes of subsections (1) and (3), the following are the

kinds of decisions:

(a) a decision under section 195 not to approve a child care

service for the purposes of the family assistance law or to

approve the service from a particular day;

(b) a decision under subsection 199(2) to impose another

condition for the continued approval of an approved child

care service;

things mentioned in paragraphs (a) to (h) of that subsection in

relation to an approved child care service;

(d) a decision under subsection 200(3) to revoke the suspension

of the approval of an approved child care service from a

particular day;

(e) a decision under subsection 201A(1) to suspend the approval

of an approved child care service from a particular day;

(f) a decision under subsection 201A(3) to revoke the

suspension of the approval of an approved child care service

from a particular day;

(g) a decision under subsection 202(2) not to cancel an approved

child care service's approval;

(h) a decision under subsection 202(3) to cancel an approved

child care service's approval;

(i) a decision under subsection 202(4) to cancel an approved

child care service's approval, but only if the service made

submissions under paragraph 203(1)(e) in relation to the

cancellation;

(j) a decision under paragraph 205(3)(a) not to exempt a

specified child care service from a specified eligibility rule;

(k) a decision under section 207 to:

Schedule 5 Family assistance amendments

164

Tribunals Amalgamation Bill 2014

No. , 2014

(i) refuse to allocate any child care places to an approved

child care service; or

(ii) refuse to allocate the number of child care places an

approved child care service has applied for under that

section;

unless the decision is based on guidelines of the Minister of

the kind mentioned in paragraph 206(c);

(l) a decision under section 207A to reduce the number of child

care places allocated to an approved child care service;

(m) a decision under subsection 210(1) not to approve an

individual as a registered carer for the purposes of the family

assistance law;

(n) a decision under subsection 212(1) as to when the approval

of an applicant as a registered carer is taken to have come

into force;

(o) a decision under subsection 212(3) as to when the approval

of an applicant as a registered carer is taken not to have been

in force;

(p) a decision under subsection 213(2) to impose another

condition for the continued approval of an individual as a

registered carer;

(q) a decision under subsection 214(1) to do one or more of the

things mentioned in paragraphs (a) to (d) of that subsection in

relation to a registered carer;

(r) a decision under subsection 216(3) to cancel a registered

carer's approval;

(s) a decision under subsection 219TSQ(1) to suspend an

approved child care service's approval;

(t) a decision under subsection 219TSQ(3) to revoke the

suspension of the approval of an approved child care service

from a particular day;

(u) a decision under subsection 57(1) of the Family Assistance

Act.

139 Variation of decision after application is made for AAT single

review

(1) If an officer varies or substitutes a decision after an application has

been made to the AAT for AAT single review of the decision, the

Family assistance amendments Schedule 5

No. , 2014

Tribunals Amalgamation Bill 2014

165

application is taken to be an application for AAT single review of

the decision as varied or substituted.

(2) If the person who made the application does not want the AAT to

review the decision as varied or substituted, the person may notify

the AAT under subsection 42A(1A) or (1AA) of the AAT Act that

the application is discontinued or withdrawn.

140 Secretary may treat event as having occurred if decision to set

aside on AAT single review

If:

(a) on AAT single review of a decision, the AAT sets the

decision aside under subsection 43(1) of the AAT Act; and

(b) the Secretary is satisfied that an event that did not occur

would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, treat

the event as having occurred for the purposes of the family

assistance law.

141 Settlement of proceedings before the AAT

(1) The Secretary may agree, in writing, with other parties to settle

proceedings before the AAT if the proceedings are an AAT single

review and they relate to the recovery of a debt.

(2) If proceedings are settled and the Secretary gives the AAT a copy

of the agreement to settle the proceedings, the application for

review of the decision the subject of the proceedings is taken to

have been dismissed.

24 Paragraphs 152A(a) and 152B(a)

Omit "142", substitute "128".

25 Section 152D (heading)

Repeal the heading, substitute:

Paid parental leave amendments Schedule 6

No. , 2014

Tribunals Amalgamation Bill 2014

167

Schedule 6

--Paid parental leave amendments

Paid Parental Leave Act 2010

1 Section 4 (paragraphs relating to Chapter 5)

Repeal the paragraphs, substitute:

Chapter 5--Administrative review of decisions

Chapter 5 is about administrative review of decisions made under

this Act.

Part 5-1 allows the Secretary, on his or her own initiative, to

conduct an internal review of decisions made under this Act. It also

allows a person whose interests are affected by certain types of

decisions to seek internal review of those decisions, and an

employer to seek internal review of certain types of decisions that

affect employers.

Part 5-2 allows a person to apply to the Administrative Appeals

Tribunal (AAT) for review of certain decisions made under this

Act. This review is called AAT first review.

Part 5-3 allows a person to apply to the AAT for review of certain

decisions made by the AAT on AAT first review. This review is

called AAT second review.

Part 5-4 has miscellaneous provisions relating to reviews of

decisions made under this Act.

2 Section 6

Insert:

AAT first review:

(a) in relation to an AAT reviewable claimant decision: see

subsection 216(1); and

(b) in relation to an AAT reviewable employer decision: see

subsection 224(1).

Schedule 6 Paid parental leave amendments

168

Tribunals Amalgamation Bill 2014

No. , 2014

AAT reviewable claimant decision: see subsection 215(3).

AAT reviewable employer decision: see subsection 223(2).

AAT second review: see subsection 237(1).

3 Section 6

Repeal the following definitions:

(a) the definition of Principal Member;

(b) the definition of SSAT;

(d) the definition of SSAT reviewable claimant decision;

(e) the definition of SSAT reviewable employer decision.

4 Subsection 108(6)

Repeal the subsection, substitute:

Notice of revocation to AAT

(6) If, when the Secretary revokes an employer determination:

(a) an application has been made for AAT first review in relation

to the employer determination; and

(b) the AAT has not determined the review;

the Secretary must give written notice of the revocation to the

Registrar of the AAT.

5 Section 130A (heading)

Repeal the heading, substitute:

130A Disclosure of information by AAT members--threat to life,

health or welfare

6 Section 130A

Omit "SSAT", substitute "AAT".

7 Paragraph 203(3)(b)

Omit "the SSAT or".

Paid parental leave amendments Schedule 6

No. , 2014

Tribunals Amalgamation Bill 2014

169

8 Subsection 204(1)

Repeal the subsection.

9 Subsection 204(2)

Omit "(2)".

10 Subsection 211(4)

Repeal the subsection, substitute:

(4) A notice under subsection (2) or (3) given to a person in relation to

a decision must include a statement to the effect that the person

may, subject to this Act and the AAT Act, apply to the AAT for

review of the decision.

11 Subsection 211(5) (note)

Omit "SSAT review", substitute "AAT review".

12 Subsection 212(5)

Omit "this Act, apply to the SSAT for review", substitute "this Act and

the AAT Act, apply to the AAT for review".

13 Part 5-2 (heading)

Repeal the heading, substitute:

Part 5-2--AAT first review of certain decisions

14 Sections 213 and 214

Repeal the sections, substitute:

213 Guide to this Part

This Part is about the review by the Administrative Appeals

Tribunal of decisions that have been internally reviewed under

Part 5-1, and of decisions made personally by particular PPL

agency representatives (which are not subject to internal review).

These reviews are called AAT first reviews.

AAT first review is available for certain claimant decisions (called

AAT reviewable claimant decisions). People whose interests are

Schedule 6 Paid parental leave amendments

170

Tribunals Amalgamation Bill 2014

No. , 2014

affected by AAT reviewable claimant decisions may apply for

AAT first review of those decisions.

AAT first review is also available for certain employer

determination decisions and employer funding amount decisions

(called AAT reviewable employer decisions). Employers may

apply for AAT first review of AAT reviewable employer decisions.

The rules relating to review by the AAT are mainly in the AAT

Act, but this Part modifies the operation of that Act in some ways

for the purposes of AAT first reviews.

15 Division 2 of Part 5-2 (heading)

Repeal the heading, substitute:

Division 2--AAT first review of claimant decisions

16 Subsection 215(3)

Omit "SSAT", substitute "AAT".

17 Sections 216 to 222

Repeal the sections, substitute:

216 AAT first review of claimant decision--application for review

(1) An application may be made to the AAT for review (AAT first

review) of an AAT reviewable claimant decision.

(2) However, a person cannot make an application referred to in

subsection (1) in the person's capacity as an employer.

(3) Nor can a person, in the person's capacity as an employer, apply to

be a party to the review proceedings, despite subsection 30(1A) of

the AAT Act.

Note:

Subsection 30(1A) of the AAT Act allows persons whose interests are

affected by a decision to apply to be a party to the review proceedings.

18 Division 3 of Part 5-2 (heading)

Repeal the heading, substitute:

Paid parental leave amendments Schedule 6

No. , 2014

Tribunals Amalgamation Bill 2014

171

Division 3--AAT first review of employer decisions

19 Subsection 223(2)

Omit "SSAT", substitute "AAT".

20 Sections 224 to 230

Repeal the sections, substitute:

224 AAT first review of employer decision--application for review

(1) An application may be made by an employer to the AAT for

review (AAT first review) of an AAT reviewable employer

decision that relates to the employer.

(2) However, if the AAT reviewable employer decision is an employer

determination decision that relates to the employer and a person, an

application referred to in subsection (1) may only be made if the

employer believes that:

(a) both:

(i) a condition in paragraph 101(1)(b) or (c) is not satisfied

in relation to the employer determination; and

(ii) the employer has not made an election under

section 109 that applies to the person; or

(b) a condition in paragraph 101(1)(d) or (e) is not satisfied in

relation to the employer determination.

Note 1:

The conditions in paragraphs 101(1)(b) to (e) relate to the employment

by an employer of someone to whom parental leave pay is payable.

Note 2:

Section 109 allows an employer to elect to pay instalments to an

employee, a class of employees or all employees of the employer.

Subsection 101(2) deals with the application of paragraphs 101(1)(b)

and (c) if the employer has made an election under section 109 that

applies to the person.

(3) An application referred to in subsection (1):

(a) must be made in writing; and

(b) must be accompanied by a statutory declaration verifying the

application; and

decision--must:

Schedule 6 Paid parental leave amendments

172

Tribunals Amalgamation Bill 2014

No. , 2014

(i) specify the condition or conditions that the employer

believes are not satisfied; and

(ii) if paragraph (2)(a) applies to the application--state

whether the employer believes that an election under

section 109 applies to the person.

(4) An application referred to in subsection (1) may only be made

within 14 days after the day on which the AAT reviewable

employer decision was made.

(5) Paragraph (3)(a) and subsection (4) apply despite:

(a) subparagraph 29(1)(a)(ii) of the AAT Act (which deals with

oral applications for review); and

(b) paragraph 29(1)(d) and subsections 29(7) to (10) of the AAT

Act (which deal with when applications for review may be

made).

Division 4--Other matters relating to AAT first reviews

225 Operation and implementation of decision under AAT first

review

Subsection 41(2) of the AAT Act does not apply in relation to an

application for AAT first review.

Note:

Under subsection 41(2) of the AAT Act the AAT may make an order

staying or otherwise affecting the operation or implementation of the

decision on review.

226 Variation of original decision after application is made for AAT

first review

(1) If an officer varies or substitutes a decision after an application has

been made for AAT first review of the decision, the application is

taken to be an application for AAT first review of the decision as

varied or substituted.

(2) If the person who made the application does not want the AAT to

review the decision as varied or substituted, the person may notify

the AAT under subsection 42A(1A) or (1AA) of the AAT Act that

the application is discontinued or withdrawn.

Paid parental leave amendments Schedule 6

No. , 2014

Tribunals Amalgamation Bill 2014

173

227 Procedure on receipt of application for AAT first review

(1) The AAT may, in relation to an application for AAT first review,

request the Secretary to lodge with the AAT the statement and

other documents referred to in subsection 37(1) of the AAT Act

before the end of the period that otherwise applies under that

subsection.

(2) If the AAT does so, the Secretary must take reasonable steps to

comply with the request.

(3) Nothing in this section prevents the operation of subsection 37(1A)

of the AAT Act (which allows the AAT to shorten the deadline for

lodging documents).

228 AAT summons power for AAT first review

Section 40A of the AAT Act does not apply in relation to an AAT

first review.

Note:

Section 40A of the AAT Act deals with the AAT's power to summon

a person to give evidence or produce documents.

229 Secretary to provide further information for AAT first review

(1) The AAT may, in relation to an AAT first review, request the

Secretary to provide the AAT with information or a document the

Secretary has and that is relevant to the review of a decision.

(2) The Secretary must comply with a request under subsection (1) as

soon as practicable and, in any event, not later than 14 days after

the request is made.

230 AAT's power to obtain information for AAT first review

(1) If the AAT reasonably believes that a person has information or a

document that is relevant to an AAT first review, the AAT may, by

written notice given to the person, require the person:

(a) to give to the AAT, within the period and in the manner

specified in the notice, any such information; or

(b) to produce to the AAT, within the period and in the manner

specified in the notice, any such documents; or

Schedule 6 Paid parental leave amendments

174

Tribunals Amalgamation Bill 2014

No. , 2014

the notice, and answer questions.

(2) A person commits an offence if:

(a) the AAT gives the person a notice under subsection (1); and

(b) the person fails to comply with the notice.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Subsection (2) does not apply if complying with the notice might

tend to incriminate the person.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

231 AAT may require Secretary to obtain information for AAT first

review

(1) If the AAT is satisfied that a person has information, or custody or

control of a document, that is relevant to an AAT first review, the

AAT may, for the purposes of the review, request the Secretary to

exercise the Secretary's powers under section 117 (which deals

with the Secretary's general power to obtain information).

(2) The Secretary must comply with a request under subsection (1) as

soon as practicable and, in any event, within 7 days after the

request is made.

232 Hearing of AAT first review in private

(1) The hearing of an AAT first review must be in private.

(2) The AAT may give directions, in writing or otherwise, as to the

persons who may be present at any hearing of an AAT first review.

(3) In giving directions, the AAT must have regard to the wishes of the

parties and the need to protect their privacy.

(4) Subsections 35(1) and (2) of the AAT Act do not apply in relation

to the hearing of an AAT first review.

Note:

Subsections 35(1) and (2) of the AAT Act deal with when hearings of

proceedings in the AAT are in public or private.

Paid parental leave amendments Schedule 6

No. , 2014

Tribunals Amalgamation Bill 2014

175

233 Costs of AAT first review

(1) Subject to subsection (4), a party to an AAT first review must bear

any expenses incurred by the party in relation to the review.

(2) The AAT may determine that the Commonwealth is to pay the

reasonable costs that are:

(a) incurred by a party for travel and accommodation in relation

to an AAT first review; and

(b) specified in the determination.

(3) If the AAT arranges for the provision of a medical service in

relation to a party to an AAT first review, the AAT may determine

that the Commonwealth is to pay the costs of the provision of the

service.

(4) If the AAT makes a determination under subsection (2) or (3), the

costs to which the determination relates are payable by the

Commonwealth.

234 When AAT decision on AAT first review comes into force

Claimant decision

(1) A decision of the AAT on AAT first review:

(a) to vary an AAT reviewable claimant decision; or

(b) to set aside an AAT reviewable claimant decision and

substitute a new decision;

comes into force on the day that would give full effect to the

decision of the AAT.

Employer decision

(2) A decision of the AAT on AAT first review:

(a) to vary an AAT reviewable employer decision; or

(b) to set aside an AAT reviewable employer decision and

substitute a new decision;

comes into force immediately on the giving of the decision.

Schedule 6 Paid parental leave amendments

176

Tribunals Amalgamation Bill 2014

No. , 2014

AAT Act

(3) Subsections (1) and (2) apply despite subsection 43(6) of the AAT

Act (which deals with when AAT decisions take effect).

235 Notification of decisions and reasons for AAT first review

(1) If, on AAT first review of a decision, the AAT makes a decision

under subsection 43(1) of the AAT Act to affirm the decision

under review, the AAT must, within 14 days of making its

decision:

(a) give a written notice to the parties that sets out the decision;

and

(b) either:

(i) give reasons for the decision orally to the parties and

explain that they may request a written statement of

reasons; or

(ii) give the parties a written statement of reasons for the

decision.

(2) If, on AAT first review of a decision, the AAT makes a decision

under subsection 43(1) of the AAT Act that is other than to affirm

the decision under review, the AAT must, within 14 days of

making its decision:

(a) give a written notice to the parties that sets out the decision;

and

(b) give the parties a written statement of reasons for the

decision.

(3) A failure to comply with subsection (1) or (2) does not affect the

validity of the decision.

(4) A party to whom oral reasons are given may, within 14 days after

the oral reasons are given, request a written statement of reasons

for the decision. If the party does so, the AAT must give the party

the statement requested within 14 days after receiving the request.

(5) Subsections 43(2) and (2A) of the AAT Act do not apply in

relation to an AAT first review. However, any written statement of

reasons given must comply with subsection 43(2B) of that Act.

Note:

Subsections 43(2), (2A) and (2B) of the AAT Act are about the AAT

giving reasons for its decisions.

Paid parental leave amendments Schedule 6

No. , 2014

Tribunals Amalgamation Bill 2014

177

21 Parts 5-3 and 5-4

Repeal the Parts, substitute:

Part 5-3--AAT second review of claimant decisions

Division 1--Guide to this Part

236 Guide to this Part

This Part is about review by the Administrative Appeals Tribunal

of a decision made by the Tribunal on AAT first review of a

claimant decision. These reviews are called AAT second reviews.

AAT second review is only available in relation to claimant

decisions--it is not available in relation to employer decisions.

The rules relating to review by the AAT are mainly in the AAT

Act, but this Part modifies the operation of that Act in some ways

for the purposes of AAT second reviews.

The AAT Act allows a person to appeal to a court on a question of

law from a decision of the AAT on AAT second review.

Division 2--Applications for AAT second review

237 Applications for AAT second review

(1) An application may be made to the AAT for review (AAT second

review) of a decision of the AAT under subsection 43(1) of the

AAT Act on AAT first review in relation to a claimant decision.

(2) For the purposes of subsection (1), the decision of the AAT on

AAT first review is taken to be:

(a) if the AAT affirmed a claimant decision--that decision as

affirmed; and

(b) if the AAT varied a claimant decision--that decision as

varied; and

new decision--the new decision; and

Schedule 6 Paid parental leave amendments

178

Tribunals Amalgamation Bill 2014

No. , 2014

(d) if the AAT set a claimant decision aside and sent the matter

back to the Secretary for reconsideration in accordance with

any directions or recommendations of the AAT--the

directions or recommendations of the AAT.

(3) An application referred to in subsection (1) may not be made by a

person in the person's capacity as an employer.

Division 3--Matters relating to AAT second review

238 Application of this Division

This Division applies if an application referred to in section 237 for

AAT second review is made.

239 Notice of application for AAT second review

The AAT Act applies to the application as if the reference in

paragraph 29AC(1)(b) of the AAT Act to the person who made the

decision were a reference to each person who was a party to the

AAT first review (other than the party who made the application

for AAT second review).

240 Parties to an AAT second review

The AAT Act applies to the application as if the reference in

paragraph 30(1)(b) of the AAT Act to the person who made the

decision were a reference to each person who was a party to the

AAT first review (other than the person who made the application

for AAT second review).

241 Operation and implementation of the AAT decision on AAT

second review

(1) The AAT Act applies to the application as if the reference in

subsection 41(2) of the AAT Act to the decision to which the

relevant proceeding relates were a reference to:

(a) if, on AAT first review, the AAT affirmed the original

decision--the original decision; and

(b) otherwise--both the original decision and whichever of the

following is applicable in relation to the AAT first review:

Paid parental leave amendments Schedule 6

No. , 2014

Tribunals Amalgamation Bill 2014

179

(i) the original decision as varied by the AAT;

(ii) the decision substituted by the AAT;

(iii) the decision made as a result of reconsideration by the

Secretary in accordance with any directions or

recommendations of the AAT.

(2) For the purposes of subsection (1), the original decision is the

decision that was the subject of the AAT first review.

(3) The AAT Act applies to the application as if references in

subsections 41(4) and (5) of the AAT Act to the person who made

the decision to which the relevant proceeding relates were

references to each party to the relevant AAT first review.

242 Variation of original decision after application is made for AAT

second review

(1) If an officer varies or substitutes a decision after an application has

been made for AAT second review in relation to the decision:

(a) the AAT is taken, on AAT first review, to have varied or

substituted the decision under review in the way the officer

did; and

(b) the application is taken to be an application for AAT second

review of the decision as varied or substituted.

(2) If the person who made the application does not want a review of

the decision as varied or substituted, the person may notify the

AAT under subsection 42A(1A) or (1AA) of the AAT Act that the

application is discontinued or withdrawn.

243 Failure of party to appear

The AAT Act applies to the application as if the reference in

subsection 42A(2) of the AAT Act to the person who made the

decision were a reference to the Secretary.

Part 5-4--Other matters relating to review

22 Part 5-5 (heading)

Repeal the heading.

Schedule 6 Paid parental leave amendments

180

Tribunals Amalgamation Bill 2014

No. , 2014

23 Subsection 272(1)

Omit ", the SSAT or the AAT (the review body) is reviewing a decision

under this Chapter", substitute "or the AAT (the review body) is

reviewing a decision for the purposes of this Chapter".

24 Subsection 273(1)

Omit ", the SSAT" (wherever occurring).

25 Sections 273A, 273B and 273C

Repeal the sections, substitute:

273A Settlement of proceedings before the AAT

(1) The Secretary may agree, in writing, with other parties to settle

proceedings before the AAT if the proceedings are an AAT first

review or AAT second review and they relate to the recovery of a

debt.

(2) If proceedings are settled and the Secretary gives the AAT a copy

of the agreement to settle the proceedings, the application for

review of the decision the subject of the proceedings is taken to

have been dismissed.

Student assistance amendments Schedule 7

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

181

Schedule 7

--Student assistance amendments

Part 1

--Main amendments

Student Assistance Act 1973

1 Subsection 3(1)

Insert:

AAT means the Administrative Appeals Tribunal.

AAT Act means the Administrative Appeals Tribunal Act 1975.

AAT first review has the meaning given by section 311.

AAT second review has the meaning given by section 320.

2 Subsection 3(1) (definition of Principal Member)

Repeal the definition.

3 Paragraph 5C(e)

Omit "and the Social Security Appeals Tribunal".

4 Subsection 303(2)

Omit "section 326A", substitute "section 327".

5 Subsection 303(3)

Repeal the subsection, substitute:

Applications to AAT

(3) The Secretary may review a decision even if an application has

been made to the AAT for a review in relation to the decision.

6 Subsections 303(5) and (6)

Repeal the subsections, substitute:

Schedule 7 Student assistance amendments

Part 1 Main amendments

182

Tribunals Amalgamation Bill 2014

No. , 2014

Notice to AAT Registrar

(6) If the Secretary makes a decision under subsection (4) after a

person has applied to the AAT for a review in relation to the

decision, the Secretary must give written notice of the Secretary's

decision to the Registrar of the AAT.

7 Subsection 304(5)

Repeal the subsection, substitute:

Application taken to have been made

(5) If:

(a) a person who may apply to the Secretary for review of a

decision under subsection (1) has not so applied; and

(b) the person applies to the AAT for review of the decision;

the person is, if the application to the AAT is made within any

applicable time limit under subsection (2), taken to apply to the

Secretary for review of the decision under subsection (1) on the

day on which the person applies to the AAT.

8 Paragraph 308(1)(a)

Omit "subject to this Act, apply to the Social Security Appeals

Tribunal", substitute "subject to this Act and the AAT Act, apply to the

AAT".

9 Subparagraph 308(1)(b)(iii)

Omit "based; and", substitute "based.".

10 Paragraph 308(1)(c)

Repeal the paragraph.

11 Divisions 2, 3 and 4 of Part 9

Repeal the Divisions, substitute:

Student assistance amendments Schedule 7

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

183

Division 2--Review by Administrative Appeals Tribunal

Subdivision A--Preliminary

309 Simplified outline of this Division

If a person is dissatisfied with a decision made on internal review

under Division 1, the person may apply to the AAT for review of

the decision (an "AAT first review") (certain decisions are

excepted).

If a person is dissatisfied with a decision of the AAT on AAT first

review, the person may apply to the AAT for further review (an

"AAT second review").

The rules relating to reviews by the AAT are mainly in the AAT

Act, but the operation of that Act is modified in some ways by this

Division.

The AAT Act allows a person to appeal to a court on a question of

law from a decision of the AAT on AAT second review.

310 Application of Division

(1) Unless otherwise stated, this Division applies to:

(a) all decisions of an officer under this Act relating to the

Student Financial Supplement Scheme; or

(b) all decisions of an officer under this Act relating to the

recovery of amounts paid under a current or former special

educational assistance scheme.

Note:

For officer see subsection 3(1).

(2) However, despite any other provision of this Division, the AAT

cannot review a decision:

(a) under section 305 or 314 (continuation of payment pending

review of adverse decision); or

(b) under section 343 or 345 (notice requiring information from

any person).

Schedule 7 Student assistance amendments

Part 1 Main amendments

184

Tribunals Amalgamation Bill 2014

No. , 2014

Subdivision B--AAT first review

311 Application for AAT first review

(1) Subject to subsection 310(2), if:

(a) a decision has been reviewed by the Secretary or an

authorised review officer under section 306; and

(b) the decision has been affirmed, varied or set aside;

application may be made to the AAT for review (AAT first review)

of that decision.

(2) For the purposes of subsection (1), the decision made by the

Secretary or authorised review officer is taken to be:

(a) if the Secretary or authorised review officer affirms a

decision--the decision as affirmed; and

(b) if the Secretary or authorised review officer varies a

decision--the decision as varied; and

aside and substitutes a new decision--the new decision.

312 Time limit for application for AAT first review

(1) An application for AAT first review must be made within:

(a) 3 months; or

(b) such longer period as the AAT, in special circumstances,

allows;

after the original decision was affirmed, varied or set aside by the

Secretary or an authorised review officer.

(2) This section applies despite paragraph 29(1)(d) and

subsections 29(7) to (10) of the AAT Act.

313 Operation and implementation of decision under AAT first

review

Subsection 41(2) of the AAT Act does not apply in relation to an

application for AAT first review.

Student assistance amendments Schedule 7

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

185

314 Secretary may continue payment pending outcome of

application for AAT first review

Secretary may declare payment to continue

(1) If:

(a) a decision to which this Division applies is an adverse

decision; and

(b) the adverse decision depends on:

(i) the exercise of a discretion by a person; or

(ii) the holding of an opinion by a person; and

adverse decision;

the Secretary may declare that payment of financial supplement to

which the decision relates is to continue, pending the determination

of the AAT first review, as if the adverse decision had not been

made.

Written declaration

(2) A declaration under subsection (1) is to be in writing.

Act applies as if decision not made

(3) While a declaration under subsection (1) is in force in relation to

the adverse decision, this Act (other than this Part) applies as if the

adverse decision had not been made.

Start and cessation of declaration

(4) A declaration under subsection (1) in relation to an adverse

decision:

(a) starts to have effect on the day on which the declaration is

made or on the earlier day (if any) stated in the declaration;

and

(b) stops having effect if:

(i) the AAT dismisses the application for AAT first review

of the adverse decision; or

(ii) the AAT determines the AAT first review of the adverse

decision; or

(iii) the Secretary revokes the declaration.

Schedule 7 Student assistance amendments

Part 1 Main amendments

186

Tribunals Amalgamation Bill 2014

No. , 2014

Holding of an opinion

(5) A reference in subsection (1) to a person's holding of an opinion

is a reference to the person's holding that opinion whether or not

this Act expressly requires the opinion to be held before making

the decision concerned.

Adverse decision

(6) In this section:

adverse decision means a decision under section 12R or 12T to

stop the payment of financial supplement to a person.

315 Variation of original decision after application is made for AAT

first review

(1) If an officer varies or substitutes a decision after an application has

been made for AAT first review of the decision, the application is

taken to be an application for AAT first review of the decision as

varied or substituted.

(2) If the person who made the application does not want the AAT to

review the decision as varied or substituted, the person may notify

the AAT under subsection 42A(1A) or (1AA) of the AAT Act that

the application is discontinued or withdrawn.

316 Powers of AAT for purposes of AAT first review

Despite subsection 43(1) of the AAT Act, the AAT must not, for

the purposes of an AAT first review, exercise a power or discretion

conferred by any of the following provisions of this Act:

(a) a provision dealing with the form and place of lodgement of a

claim;

(b) a provision dealing with the manner of payment of financial

supplement;

Commonwealth);

(d) sections 343 to 345 (notice requiring information from any

person);

(e) section 305 or 314 (continuation of payment pending review

of adverse decision).

Student assistance amendments Schedule 7

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

187

317 Certain decisions on AAT first review

If, on AAT first review of a decision, the AAT sets the decision

aside under subsection 43(1) of the AAT Act and substitutes for it

a decision that the person is entitled to financial supplement, the

AAT must:

(a) assess the rate at which financial supplement is to be paid to

the person; or

(b) ask the Secretary to assess the rate at which financial

supplement is to be paid to the person.

318 Notification of decisions and reasons for AAT first review

(1) If, on AAT first review of a decision, the AAT makes a decision

under subsection 43(1) of the AAT Act to affirm the decision

under review, the AAT must, within 14 days of making the

decision:

(a) give a written notice to the parties that sets out the decision;

and

(b) either:

(i) give reasons for the decision orally to the parties and

explain that they may request a written statement of

reasons; or

(ii) give the parties a written statement of reasons for the

decision.

(2) If, on AAT first review of a decision, the AAT makes a decision

under subsection 43(1) of the AAT Act that is other than to affirm

the decision under review, the AAT must, within 14 days of

making the decision:

(a) give a written notice to the parties that sets out the decision;

and

(b) give the parties a written statement of reasons for the

decision.

(3) A failure to comply with subsection (1) or (2) does not affect the

validity of the decision.

(4) A party to whom oral reasons are given may, within 14 days after

the oral reasons are given, request a written statement of reasons

Schedule 7 Student assistance amendments

Part 1 Main amendments

188

Tribunals Amalgamation Bill 2014

No. , 2014

for the decision. If the party does so, the AAT must give the party

the statement requested within 14 days after receiving the request.

(5) Subsections 43(2) and (2A) of the AAT Act do not apply in

relation to an AAT first review. However, any written statement of

reasons given must comply with subsection 43(2B) of that Act.

319 Secretary or AAT may treat event as having occurred if decision

set aside on AAT first review

If:

(a) on AAT first review of a decision, the AAT sets the decision

aside under subsection 43(1) of the AAT Act; and

(b) the Secretary or the AAT, as the case may be, is satisfied that

an event that did not occur would have occurred if the

decision had not been made;

the Secretary or the AAT may, if satisfied that it is reasonable to do

so, treat the event as having occurred for the purposes of this

Division.

Subdivision C--AAT second review

320 Application for AAT second review

(1) Application may be made to the AAT for review (AAT second

review) of a decision made by the AAT under subsection 43(1) of

the AAT Act on AAT first review.

(2) For the purposes of subsection (1), the decision on AAT first

review is taken to be:

(a) if the AAT affirms a decision--the decision as affirmed; and

(b) if the AAT varies a decision--the decision as varied; and

decision--the new decision; and

(d) if the AAT sets a decision aside and sends the matter back to

the Secretary for reconsideration in accordance with any

directions or recommendations of the AAT--the directions or

recommendations of the AAT.

Student assistance amendments Schedule 7

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

189

321 Notice of application for AAT second review

The AAT Act applies in relation to an application under

section 320 for AAT second review of a decision as if the reference

in paragraph 29AC(1)(b) of the AAT Act to the person who made

the decision were a reference to each person who was a party to the

relevant AAT first review, other than the applicant for AAT second

review.

322 Parties to AAT second review

The AAT Act applies in relation to an application for AAT second

review of a decision as if the reference in paragraph 30(1)(b) of the

AAT Act to the person who made the decision were a reference to

each person who was a party to the relevant AAT first review,

other than the applicant for AAT second review.

323 Operation and implementation of decision subject to AAT

second review

(1) The AAT Act applies in relation to an application for AAT second

review of a decision as if the reference in subsection 41(2) of the

AAT Act to the decision to which the relevant proceeding relates

were a reference to:

(a) if, on AAT first review, the AAT affirmed the original

decision--the original decision; and

(b) otherwise--both the original decision and whichever of the

following is applicable in relation to the AAT first review:

(i) the original decision as varied by the AAT;

(ii) the decision substituted by the AAT;

(iii) the decision made as a result of reconsideration by the

Secretary in accordance with any directions or

recommendations of the AAT.

(2) For the purposes of subsection (1), the original decision is the

decision that was the subject of the AAT first review.

(3) The AAT Act applies in relation to an application for AAT second

review of a decision as if references in subsections 41(4) and (5) of

the AAT Act to the person who made the decision to which the

relevant proceeding relates were references to each party to the

relevant AAT first review.

Schedule 7 Student assistance amendments

Part 1 Main amendments

190

Tribunals Amalgamation Bill 2014

No. , 2014

324 Variation of original decision after application is made for AAT

second review

(1) If an officer varies or substitutes a decision after an application has

been made for AAT second review in relation to the decision:

(a) the AAT is taken, on AAT first review, to have varied or

substituted the decision under review in the way the officer

did; and

(b) the application is taken to be an application for AAT second

review of the decision as varied or substituted.

(2) If the person who made the application does not want the AAT to

review the decision as varied or substituted, the person may notify

the AAT under subsection 42A(1A) or (1AA) of the AAT Act that

the application is discontinued or withdrawn.

325 Failure of party to appear at AAT second review

The AAT Act applies in relation to an application for AAT second

review of a decision as if the reference in subsection 42A(2) of the

AAT Act to the person who made the decision were a reference to

the Secretary.

326 Secretary may treat event as having occurred if decision set

aside on AAT second review

If:

(a) on AAT second review of a decision, the AAT sets the

decision aside under subsection 43(1) of the AAT Act; and

(b) the Secretary is satisfied that an event that did not occur

would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, treat

the event as having occurred for the purposes of this Division.

Subdivision D--Matters relating to both AAT first review and

AAT second review

327 Settlement of proceedings before the AAT

(1) The Secretary may agree, in writing, with other parties to settle

proceedings before the AAT if the proceedings are an AAT first

Student assistance amendments Schedule 7

Main amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

191

review or AAT second review and they relate to the recovery of a

debt.

(2) If the proceedings are settled and the Secretary gives the AAT a

copy of the agreement to settle the proceedings, the application for

review of the decision that was the subject of the proceedings is

taken to have been dismissed.

12 Sections 335 and 336

Repeal the sections.

Schedule 7 Student assistance amendments

Part 2 Contingent amendments

192

Tribunals Amalgamation Bill 2014

No. , 2014

Part 2

--Contingent amendments

Student Assistance Act 1973

13 Subsection 310(2)

Repeal the subsection, substitute:

(2) However, despite any other provision of this Division, the AAT

cannot review a decision:

(a) by the Commissioner under subsection 11D(1) or 11F(1) to

notify the Secretary of an incorrect or cancelled tax file

number given in relation to an ABSTUDY student start-up

loan; or

(b) that is a reviewable decision under section 308A (decision by

Commissioner about deferring or amending assessment

relating to ABSTUDY student start-up loans); or

reconsideration of a decision that is a reviewable decision

under section 308A); or

(d) under section 305 or 314 (continuation of payment pending

review of adverse decision); or

(e) under section 343 or 345 (notice requiring information from

any person).

Other consequential amendments Schedule 8

Consequential amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

193

Schedule 8

--Other consequential

amendments

Part 1

--Consequential amendments

Administrative Decisions (Judicial Review) Act 1977

1 Paragraph (y) of Schedule 1

Omit "Security Appeals Division", substitute "Security Division".

Archives Act 1983

2 Section 46

Repeal the section, substitute:

46 Constitution of Tribunal for proceedings about certain exempt

records

Scope

(1) This section applies to a proceeding before the Tribunal in relation

to review of a decision refusing to grant access, in accordance with

an application under section 40, to a record that:

(a) is claimed to be an exempt record for the reason that it

contains information or matter of a kind referred to in

paragraph 33(1)(a) or (b); and

(b) is not a record of the Australian Security Intelligence

Organisation.

Note:

Section 19F of the Administrative Appeals Tribunal Act 1975 contains

the requirements for constitution of the Tribunal in proceedings about

a record of the Australian Security Intelligence Organisation.

Constitution of Tribunal

(2) The Tribunal is to be constituted by:

(a) 3 presidential members of the Tribunal; or

(b) a presidential member of the Tribunal alone.

Schedule 8 Other consequential amendments

Part 1 Consequential amendments

194

Tribunals Amalgamation Bill 2014

No. , 2014

Presiding member

(3) If the Tribunal is constituted by 3 presidential members, the person

who is to preside at a hearing of the proceeding is:

(a) if the President of the Tribunal is one of the members--the

President; or

(b) if the President of the Tribunal is not one of the members but

one or more Judges is--the most senior (or only) Judge; or

of the Tribunal whom the President of the Tribunal directs to

preside.

3 Section 48

Repeal the section, substitute:

48 Modification of section 42 of the Administrative Appeals Tribunal

Act 1975

In its application to a proceeding referred to in section 46 of this

Act, section 42 of the Administrative Appeals Tribunal Act 1975

applies as if subsection (1) of that section were omitted and the

following subsection substituted:

"(1) If:

(a) the Tribunal is constituted for the purposes of a proceeding

by 3 presidential members in accordance with section 46 of

the Archives Act 1983; and

(b) the members disagree about a question of law arising in the

proceeding;

the disagreement is to be settled:

opinion of that member; or

(d) if 2 presidential members are Judges--according to the

opinion of the majority of the members.".

4 Subsection 52(1)

Omit "subsection 35(2)" (wherever occurring), substitute

"subsection 35(2), (3) or (4)".

Other consequential amendments Schedule 8

Consequential amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

195

5 Subsection 53(1)

Omit "Section 37 of the Administrative Appeals Tribunal Act 1975

does", substitute "Sections 37 and 38AA of the Administrative Appeals

Tribunal Act 1975 do".

Australian Charities and Not-for-profits Commission Act

2012

6 Section 165-15 (paragraph 29(1)(b) of the Administrative

Appeals Tribunal Act 1975)

Repeal the paragraph, substitute:

(b) must be accompanied by any prescribed fee; and

7 Paragraph 165-25(1)(a)

Omit "such numbers of copies as is prescribed of statements or other

documents were instead a requirement to lodge with the Tribunal such

numbers of copies as is prescribed of", substitute "a copy of".

8 Subparagraphs 165-25(1)(b)(ii) and (iii)

Omit "prescribed number of copies", substitute "specified number of

copies".

Australian Citizenship (Transitionals and Consequentials)

Act 2007

9 Item 15 of Schedule 3

Repeal the item.

Australian Grape and Wine Authority Act 2013

10 Subsection 8(2F) (subsection 29(1A) of the Administrative

Appeals Tribunal Act 1975)

Omit "(1A)", substitute "(1AA)".

11 Subsection 8(2F) (subsection 29(1B) of the Administrative

Appeals Tribunal Act 1975)

Omit "(1B)", substitute "(1AB)".

Schedule 8 Other consequential amendments

Part 1 Consequential amendments

196

Tribunals Amalgamation Bill 2014

No. , 2014

12 Subsection 40Y(2) (subsection 29(1A) of the

Administrative Appeals Tribunal Act 1975)

Omit "(1A)", substitute "(1AA)".

13 Subsection 40Y(2) (subsection 29(1B) of the

Administrative Appeals Tribunal Act 1975)

Omit "(1B)", substitute "(1AB)".

Civil Dispute Resolution Act 2011

14 Subparagraphs 15(c)(iv), (v) and (vi)

Repeal the subparagraphs.

Commonwealth Electoral Act 1918

15 Subsection 141(6A)

Repeal the subsection, substitute:

(6A) Paragraph 19B(1)(b) of the Administrative Appeals Tribunal Act

1975 does not apply in relation to a review referred to in

subsection (5) of this section.

Court Security Act 2013

16 Section 51 (table item 7)

Omit "A District Registrar appointed under subsection 24N(2) of the

Administrative Appeals Tribunal Act 1975", substitute "An officer of

the Tribunal (within the meaning of the Administrative Appeals

Tribunal Act 1975)".

Crimes Act 1914

17 Paragraphs 15GG(1)(b), (c) and (d)

Repeal the paragraphs, substitute:

(b) senior member (of any level);

Other consequential amendments Schedule 8

Consequential amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

197

Criminal Code Act 1995

18 Subsection 105.51(6) of the Criminal Code

Omit "Security Appeals Division", substitute "Security Division".

Defence Act 1903

19 Subsection 110XC(5)

Omit "fees, and allowances for expenses,", substitute "fees or

allowances".

Federal Proceedings (Costs) Act 1981

20 Subsection 10A(1)

Omit "section 23", substitute "paragraph 19D(2)(a)".

Financial Institutions Supervisory Levies Collection Act

1998

21 Paragraph 27(9)(b)

Omit "paragraph 35(2)(b) or (c)", substitute "subsection 35(3) or (4)".

Freedom of Information Act 1982

22 Subsections 58B(3) and (4)

Repeal the subsections, substitute:

(3) Despite paragraph 19A(1)(b) of the Administrative Appeals

Tribunal Act 1975, if the Tribunal is constituted by 3 presidential

members, the person who is to preside at a hearing of the

proceeding is:

(a) if the President of the Tribunal is one of the members--the

President; or

(b) if the President of the Tribunal is not one of the members but

one or more Judges is--the most senior (or only) Judge; or

of the Tribunal whom the President of the Tribunal directs to

preside.

Schedule 8 Other consequential amendments

Part 1 Consequential amendments

198

Tribunals Amalgamation Bill 2014

No. , 2014

23 Section 58D

Repeal the section, substitute:

58D Modification of section 42 of the Administrative Appeals

Tribunal Act 1975

Despite section 42 of the Administrative Appeals Tribunal Act

1975, if:

(a) the Tribunal is constituted for the purposes of a proceeding

referred to in subsection 58B(1); and

(b) the members disagree about a question of law arising in the

proceeding;

the disagreement is to be settled:

opinion of that member; or

(d) if 2 presidential members are Judges--according to the

opinion of the majority of the members; or

(e) if 3 presidential members are Deputy Presidents--according

to the opinion of the majority of the members.

24 Subsection 58E(1)

After "section 37", insert "or 38AA".

25 Subsection 63(1)

Omit "subsection 35(2)" (wherever occurring), substitute

"subsection 35(2), (3) or (4)".

26 Subsection 64(1)

Omit "Section 37 of the Administrative Appeals Tribunal Act 1975

does", substitute "Sections 37 and 38AA of the Administrative Appeals

Tribunal Act 1975 do".

Industry Research and Development Act 1986

27 Subparagraph 30E(4)(b)(ii)

Omit "paragraph 35(2)(aa), (b) or (c)", substitute "subsection 35(3) or

(4)".

Other consequential amendments Schedule 8

Consequential amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

199

Inspector-General of Intelligence and Security Act 1986

28 Subparagraph 8(1)(c)(ii)

Omit "Security Appeals Division", substitute "Security Division".

29 Paragraph 9AA(c)

Omit "Security Appeals Division", substitute "Security Division".

Inspector of Transport Security Act 2006

30 Paragraph 79(1)(c)

After "senior member", insert "(of any level)".

Insurance Acquisitions and Takeovers Act 1991

31 Paragraph 67(7)(b)

Omit "paragraph 35(2)(b) or", substitute "subsection 35(3) or (4) of the

Administrative Appeals Tribunal Act 1975.".

32 Paragraph 67(7)(c)

Repeal the paragraph.

Judges' Pensions Act 1968

33 Paragraph 20(2)(b)

Omit "the Registrar of the Tribunal,".

Lands Acquisition Act 1989

34 At the end of paragraph 28(3)(a)

Add "and".

35 Paragraph 28(3)(b)

Repeal the paragraph.

Schedule 8 Other consequential amendments

Part 1 Consequential amendments

200

Tribunals Amalgamation Bill 2014

No. , 2014

Military Rehabilitation and Compensation Act 2004

36 Section 355 (table item 1)

Omit "Section 20A", substitute "Section 18C".

37 Subsection 357(7)

Omit ", a District Registrar or a Deputy Registrar", substitute "or an

officer".

Public Interest Disclosure Act 2013

38 Section 8 (paragraph (i) of the definition of designated

publication restriction)

Omit "section 35AA", substitute "subsection 35AA(2)".

Safety, Rehabilitation and Compensation Act 1988

39 Subsection 65(3)

Repeal the subsection, substitute:

(3) Section 18C of the Act has effect as if the reference to places in

Australia or an external Territory were a reference to any place,

whether within or outside Australia.

40 Subsection 67(13)

Omit ", a District Registrar or a Deputy Registrar", substitute "or an

officer".

Seafarers Rehabilitation and Compensation Act 1992

41 Subsection 89(2)

Repeal the subsection, substitute:

(2) Section 18C of the AAT Act has effect as if the reference to places

in Australia or an external Territory were a reference to any place,

whether within or outside Australia.

Other consequential amendments Schedule 8

Consequential amendments Part 1

No. , 2014

Tribunals Amalgamation Bill 2014

201

42 Subsection 92(6)

Omit ", a District Registrar or a Deputy Registrar", substitute "or an

officer".

Superannuation (Self Managed Superannuation Funds)

Taxation Act 1987

43 Paragraph 16(9)(b)

Omit "paragraph 35(2)(b) or (c)", substitute "subsection 35(3) or (4)".

Surveillance Devices Act 2004

44 Paragraphs 13(1)(b), (c) and (d)

Repeal the paragraphs, substitute:

(b) senior member (of any level);

Taxation Administration Act 1953

45 Subsection 2(1) (definition of Small Taxation Claims

Tribunal)

Repeal the definition.

46 Subsection 2(1) (definition of Tribunal)

Omit "or, in appropriate circumstances, the Small Taxation Claims

Tribunal".

47 Section 14ZZC (paragraph 29(1)(b) of the Administrative

Appeals Tribunal Act 1975)

Repeal the paragraph.

48 Section 14ZZE

Repeal the section, substitute:

Schedule 8 Other consequential amendments

Part 1 Consequential amendments

202

Tribunals Amalgamation Bill 2014

No. , 2014

14ZZE Hearings before Tribunal to be held in private if applicant so

requests

Despite section 35 of the AAT Act, the hearing of a proceeding

before the Tribunal for:

(a) a review of a reviewable objection decision; or

(b) a review of an extension of time refusal decision; or

is to be in private if the party who made the application requests

that it be in private.

49 Paragraph 14ZZF(1)(a)

Omit "such numbers of copies as is prescribed of statements or other

documents were instead a requirement to lodge with the Tribunal such

numbers of copies as is prescribed", substitute "a copy".

50 Subparagraphs 14ZZF(1)(b)(ii) and (iii)

Omit "the prescribed number of copies", substitute "a copy".

Telecommunications (Interception and Access) Act 1979

51 Paragraphs 6DA(1)(b), (c) and (d)

Repeal the paragraphs, substitute:

(b) senior member (of any level);

52 Subparagraph 6DB(1)(b)(i)

Omit ", full-time senior member, part-time senior member or member",

substitute ", senior member (of any level) or member (of any level)".

Trans-Tasman Mutual Recognition Act 1997

53 Subsection 35(3)

Omit "subsection 20B(1)", substitute "paragraph 19A(1)(a)".

Other consequential amendments Schedule 8

Contingent amendments Part 2

No. , 2014

Tribunals Amalgamation Bill 2014

203

Part 2

--Contingent amendments

Biosecurity Act 2015

54 Subsection 77(2)

Omit "subsection 29(11)", substitute "subsection 29AC(1)".

Freedom of Information Act 1982

55 Subsection 61A(1) (table item 1)

Omit "subsection 29(11)", substitute "subsection 29AC(1)".

56 Subsection 61A(3)

Omit "section 38", substitute "section 38 or 38AA".

Schedule 9 Transitional and saving provisions

204

Tribunals Amalgamation Bill 2014

No. , 2014

Schedule 9

--Transitional and saving

provisions

1 Definitions

In this Schedule:

AAT means the Administrative Appeals Tribunal.

AAT Act means the Administrative Appeals Tribunal Act 1975.

commencement day means 1 July 2015.

Deputy Principal MRT member means the Deputy Principal Member

within the meaning of section 337 of the Migration Act 1958 as in force

immediately before the commencement day.

Deputy Principal RRT member means the Deputy Principal Member

within the meaning of section 410 of the Migration Act 1958 as in force

immediately before the commencement day.

Deputy Principal SSAT member means a Deputy Principal Member

within the meaning of Schedule 3 to the Social Security

(Administration) Act 1999.

existing MRT member means a person who was, immediately before

the commencement day, any of the following:

(a) a Deputy Principal MRT member;

(b) a senior MRT member;

existing RRT member means a person who was, immediately before the

commencement day, any of the following:

(a) a Deputy Principal RRT member;

(b) a senior RRT member;

existing SSAT member means a person who was, immediately before

the commencement day, any of the following:

(a) a Deputy Principal SSAT member;

(b) a senior SSAT member;

MRT means the Migration Review Tribunal established by section 394

of the Migration Act 1958 as in force immediately before the

commencement day.

Transitional and saving provisions Schedule 9

No. , 2014

Tribunals Amalgamation Bill 2014

205

MRT member means a member referred to in paragraph 395(c) of the

Migration Act 1958 as in force immediately before the commencement

day.

President of the AAT means the President within the meaning of the

AAT Act.

RRT means the Refugee Review Tribunal established by section 457 of

the Migration Act 1958 as in force immediately before the

commencement day.

RRT member means an other member referred to in

paragraph 458(1)(c) of the Migration Act 1958 as in force immediately

before the commencement day.

senior MRT member means a Senior Member within the meaning of

section 337 of the Migration Act 1958 as in force immediately before

the commencement day.

senior RRT member means a Senior Member within the meaning of

Division 9 of Part 7 of the Migration Act 1958 as in force immediately

before the commencement day.

senior SSAT member means a Senior Member within the meaning of

Schedule 3 to the Social Security (Administration) Act 1999 as in force

immediately before the commencement day.

SSAT means the Social Security Appeals Tribunal as continued in

existence by section 139 of the Social Security (Administration) Act

1999 as in force immediately before the commencement day.

SSAT member means a member referred to in paragraph 1(c) of

Schedule 3 to the Social Security (Administration) Act 1999 as in force

immediately before the commencement day.

2 Continuing the AAT

To avoid doubt, the amendment of section 5 of the AAT Act made by

this Act does not affect the continued existence of the AAT.

3 Transitional

--members of the AAT (Judges)

(1)

This item applies to a Judge who was, immediately before the

commencement day:

(a) a presidential member of the AAT; or

(b) the Acting President of the AAT.

Schedule 9 Transitional and saving provisions

206

Tribunals Amalgamation Bill 2014

No. , 2014

(2)

Despite the amendments of the AAT Act made by this Act, for the

purposes of the operation of the AAT Act on and after the

commencement day, the Judge is taken to hold office as:

(a) if the Judge was the President of the AAT--the President of

the AAT; or

(b) if the Judge was the Acting President of the AAT--the

Acting President of the AAT; or

(3)

From the commencement day the Judge holds office, as the President or

a Deputy President, for the balance of the Judge's term of appointment

that remained immediately before the commencement day.

(4)

If the Judge held office immediately before the commencement day as

the Acting President of the AAT, the Judge is taken to continue, on and

after that day, to hold office as the Acting President for the balance of

the Judge's term of appointment that remained immediately before the

commencement day.

(5)

To avoid doubt, this item does not affect the Judge's:

(a) tenure as a Judge; or

(b) rank, title, status, precedence, remuneration, allowances or

other right or privileges as the holder of the Judge's office as

a Judge.

4 Transitional

--members of the AAT (other than Judges)

(1)

This item applies to a person, other than a Judge, who was, immediately

before the commencement day:

(a) a Deputy President of the AAT; or

(b) a senior member of the AAT; or

(d) a person acting as a member mentioned in paragraph (a), (b)

or (c).

Kind of member

(2)

Despite the amendments of the AAT Act made by this Act, for the

purposes of the operation of the AAT Act on and after the

commencement day, the person is taken to hold office as such a

member for the balance (the remaining balance) of the person's term of

appointment that remained immediately before the commencement day.

Transitional and saving provisions Schedule 9

No. , 2014

Tribunals Amalgamation Bill 2014

207

(3)

Without limiting subitem (2):

(a) if the person held office immediately before the

commencement day as a full-time member, the person

continues, on and after that day, to hold office as a full-time

member; and

(b) if the person held office immediately before the

commencement day as a part-time member, the person

continues, on and after that day, to hold office as a part-time

member; and

commencement day as an acting member, the person

continues, on and after that day, to hold office as an acting

member.

Terms and conditions

(4)

The person holds office on and after the commencement day:

(a) on the terms and conditions that were applicable to the

person immediately before that day; and

(b) for the remaining balance of the person's term of

appointment.

Note:

See item 7 for individuals who are members of multiple tribunals.

(5)

Despite subitem (4), the Minister may, by writing, determine different

terms and conditions (other than terms and conditions covered by a

determination referred to in subitem (6)) that are to apply to the person

for any part of the remaining balance of the person's term of

appointment.

Remuneration Tribunal determinations

(6)

A determination in operation under the Remuneration Tribunal Act

1973 immediately before the commencement day in relation to a

member mentioned in subitem (1):

(a) continues in operation until another determination comes into

operation in substitution for it; and

(b) before then, may be varied in accordance with that Act.

(7)

For the purposes of making determinations under the Remuneration

Tribunal Act 1973 on or after the commencement day in relation to a

member mentioned in subitem (1), that Act applies for the remaining

balance of the member's term of appointment as if the member

Schedule 9 Transitional and saving provisions

208

Tribunals Amalgamation Bill 2014

No. , 2014

continued to hold the office the member held immediately before that

day.

5 Transitional

--members of the MRT, RRT and SSAT

(1)

This item applies to a person who was, immediately before the

commencement day:

(a) a tribunal member mentioned in an item in column 1 of the

table in subitem (2); or

(b) a person acting as such a member.

Kind of member

(2)

For the purposes of the operation of the AAT Act on and after the

commencement day, the person is taken to hold office as a member of

the AAT as mentioned in column 2 for that item in the following table,

for the balance (the remaining balance) of the person's term of

appointment that remained immediately before that day.

Existing tribunal members

Item

Column 1

Tribunal member before the

commencement day

Column 2

AAT member on and after the

commencement day

Deputy Principal MRT member

senior member

senior MRT member

senior member

MRT member

member

Deputy Principal RRT member

senior member

senior RRT member

senior member

RRT member

member

Deputy Principal SSAT member

senior member

senior SSAT member

senior member

SSAT member

member

Note:

See item 7 for individuals who are members of multiple tribunals.

(3)

Without limiting subitem (2):

(a) if the person held office immediately before the

commencement day as a full-time member, the person

Transitional and saving provisions Schedule 9

No. , 2014

Tribunals Amalgamation Bill 2014

209

continues, on and after that day, to hold office as a full-time

member; and

(b) if the person held office immediately before the

commencement day as a part-time member, the person

continues, on and after that day, to hold office as a part-time

member; and

commencement day as an acting member, the person

continues, on and after that day, to hold office as an acting

member.

Terms and conditions

(4)

The person holds office on and after the commencement day:

(a) on the terms and conditions that were applicable to the

person immediately before that day; and

(b) for the remaining balance of the person's term of

appointment.

(5)

Despite subitem (4), the Minister may, by writing, determine different

terms and conditions (other than terms and conditions covered by a

determination referred to in subitem (6)) that are to apply to the person

for any part of the remaining balance of the person's term of

appointment.

Remuneration Tribunal determinations

(6)

A determination in operation under the Remuneration Tribunal Act

1973 immediately before the commencement day in relation to a

member mentioned in an item in column 1 of the table in subitem (2) (a

continuing member):

(a) continues in operation until another determination comes into

operation in substitution for it; and

(b) before then, may be varied in accordance with that Act.

(7)

For the purposes of making determinations under the Remuneration

Tribunal Act 1973 on or after the commencement day in relation to a

continuing member, that Act applies for the remaining balance of the

member's term of appointment as if the member continued to hold the

office the member held immediately before that day.

Schedule 9 Transitional and saving provisions

210

Tribunals Amalgamation Bill 2014

No. , 2014

6 Transitional

--powers of transitioned members

For the purposes of the operation of the AAT Act and any other Act on

and after the commencement day:

(a) a person who is taken, under item 3, to be the President of the

AAT has the powers and functions of the President of the

AAT; and

(b) a person who is taken, under item 3 or 4, to be a Deputy

President of the AAT has the powers and functions of a

Deputy President of the AAT; and

member of the AAT has the powers and functions of a senior

member of the AAT; and

(d) a person who is taken, under item 4 or 5, to be a member of

the AAT has the powers and functions of a member of the

AAT.

7 Transitional

--members of multiple tribunals

(1)

This item applies if, immediately before the commencement day, a

person was:

(a) both:

(i) a member of the AAT; and

(ii) a member mentioned in one or more items in column 1

of the table in subitem 5(2); or

(b) a member mentioned in 2 or more items in column 1 of the

table in subitem 5(2).

(2)

This Schedule has effect, in relation to the person, as if:

(a) the office the person will hold, the terms and conditions of

the person's appointment and the remuneration the person

will be paid correspond to the office for which the person is

paid the highest remuneration; and

(b) the term of the person's appointment will be the term with

the largest balance that remained immediately before the

commencement day.

Transitional and saving provisions Schedule 9

No. , 2014

Tribunals Amalgamation Bill 2014

211

8 Transitional

--assignment of AAT members to new AAT

Divisions

(1)

A person who was, immediately before the commencement day, a

senior member of the AAT, or a member of the AAT, assigned to a

Division mentioned in an item in column 1 of the following table is

taken, on and after that day, to have been assigned under section 17C of

the AAT Act to the Division mentioned in column 2 for that item.

Assignment of existing AAT members

Item

Column 1

Division before the

commencement day

Column 2

Division on and after the

commencement day

General Administrative

Division

General Division

National Disability Insurance

Scheme Division

National Disability Insurance

Scheme Division

Security Appeals Division

Security Division

Taxation Appeals Division

Taxation and Commercial Division

Veterans' Appeals Division

(2)

Sections 17E, 17F and 17H of the AAT Act do not apply in relation to

the assignment of a person under subitem (1).

(3)

To avoid doubt, a person may be assigned to one or more Divisions

under subitem (1).

9 Transitional

--assignment of existing MRT, RRT and SSAT

members to AAT Divisions

(1)

A person who was, immediately before the commencement day, a

member mentioned in an item in column 1 of the following table is

taken, on and after that day, to have been assigned under section 17C of

the AAT Act to the Division mentioned in column 2 for that item.

Schedule 9 Transitional and saving provisions

212

Tribunals Amalgamation Bill 2014

No. , 2014

Existing tribunal members

Item

Column 1

Tribunal member before the

commencement day

Column 2

Division on and after the

commencement day

existing MRT member

Migration and Refugee Division

existing RRT member

Migration and Refugee Division

existing SSAT member

Social Services and Child Support

Division

(2)

Sections 17D and 17G of the AAT Act do not apply in relation to the

assignment of a person under subitem (1).

(3)

To avoid doubt, a person may be assigned to one or more Divisions

under subitem (1).

10 Saving of authorisation of members of the AAT

If an authorisation of a member of the AAT was, immediately before

the commencement day, in force under section 59A of the AAT Act for

the purposes of a provision mentioned in an item in column 1 of the

following table, that authorisation is taken, on and after that day, to

have been made for the purposes of the provision of the AAT Act, as

amended by this Act, mentioned in column 2 for that item.

Assignment of existing authorised members

Item

Column 1

Provision of old AAT Act

Column 2

Provision of amended AAT Act

subsection 21(1A)

subsection 19B(2)

subsection 40(1C)

subsection 40A(2)

subsection 40(1D)

subsection 40B(1)

11 Transitional

--outside employment for current members

If, immediately before the commencement day:

(a) a person was a member of the AAT, the MRT, the RRT or

the SSAT; and

(b) the person was engaging in employment outside the duties of

the person's office with:

(i) in relation to a member of the AAT, the MRT or the

RRT--the consent of the Minister; or

Transitional and saving provisions Schedule 9

No. , 2014

Tribunals Amalgamation Bill 2014

213

(ii) in relation to a member of the SSAT--the approval of

the Principal Member of the SSAT;

then, for the purposes of section 11 of the AAT Act as amended by this

Act, the outside employment is taken, on and after the commencement

day, to have been approved by the Minister under that section.

12 Savings

--removal from office provisions

(1)

Despite the amendments of section 13 of the AAT Act made by this

Act, that section as in force immediately before the commencement day

continues to apply in relation to the suspension or removal from office

of a member of the AAT who was appointed before the commencement

day, as if those amendments had not been made.

(2)

Despite the repeal of Part 6 of the Migration Act 1958 by this Act,

section 403 of that Act as in force immediately before the

commencement day continues to apply in relation to the removal from

office of an existing MRT member, as if:

(a) that section had not been repealed; and

(b) that section applied to the person in the person's capacity as a

member of the AAT.

(3)

Despite the repeal of Division 9 of Part 7 of the Migration Act 1958 by

this Act, section 468 of that Act continues to apply in relation to the

removal from office of an existing RRT member, as if:

(a) that section had not been repealed; and

(b) that section applied to the person in the person's capacity as a

member of the AAT.

(4)

Despite the repeal of Schedule 3 of the Social Security (Administration)

Act 1999 by this Act, clause 17 of Schedule 3 to that Act as in force

immediately before the commencement day continues to apply in

relation to the suspension or removal from office of an existing SSAT

member, as if:

(a) that clause had not been repealed; and

(b) that clause applied to the person in the person's capacity as a

member of the AAT.

13 Transitional

--appointment etc. of Registrar

(1)

This item applies to a person who was, immediately before the

commencement day, the Registrar of the AAT.

Schedule 9 Transitional and saving provisions

214

Tribunals Amalgamation Bill 2014

No. , 2014

(2)

For the purposes of the operation of the AAT Act on and after the

commencement day, the person is taken to have been appointed as the

Registrar under section 24C of that Act as amended by this Act.

(3)

The person holds office on and after the commencement day:

(a) on the terms and conditions that were applicable to the

person immediately before that day; and

(b) for the balance of the person's term of appointment that

remained immediately before that day.

(4)

Despite the amendments of section 24K of the AAT Act made by this

Act, that section continues to apply in relation to the termination of the

appointment of a Registrar who was appointed before the

commencement day as if those amendments had not been made.

14 Transitional

--District Registrars, Conference Registrars

and Deputy Registrars

A person who was, immediately before the commencement day, a

District Registrar, Conference Registrar or Deputy Registrar under the

AAT Act is taken, on and after that day, to have been appointed as an

officer of the Tribunal under section 24PA of the AAT Act as amended

by this Act.

15 Transitional

--authorised Conference Registrars

A person who was, immediately before the commencement day, an

authorised Conference Registrar for the purposes of paragraph 33(2)(a)

of the AAT Act is taken, on and after that day, to be an authorised

officer for the purposes of that paragraph as amended by this Act.

16 Regulations may deal with transitional and other matters

(1)

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed by the

regulations; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2)

In particular, regulations may be made prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to:

(a) the amendments or repeals made by this Act; or

Transitional and saving provisions Schedule 9

No. , 2014

Tribunals Amalgamation Bill 2014

215

(b) the enactment of this Act.

(3)

Regulations made before 1 July 2017 may provide that this Act or any

other Act or instrument has effect with any modifications prescribed by

the regulations.

(4)

Despite subsection 12(2) of the Legislative Instruments Act 2003,

regulations made before 1 July 2017 may be expressed to take effect

from a day before the regulations are registered under that Act (but not

before the commencement day).

(5)

However, if:

(a) a person engaged in conduct before the regulations were

registered; and

(b) but for the retrospective effect of the regulations, the conduct

would not have contravened a provision of this Act, or

another Act or instrument;

then a court must not convict the person of an offence, or impose a

pecuniary penalty, in relation to the conduct on the grounds that it

contravened a provision of this Act or another Act or instrument.

(6)

This Schedule does not limit the regulations that may be made under

this item.

Commonwealth of Australia Bills

TRIBUNALS AMALGAMATION BILL 2015