Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1993 NO. 276

STATUTORY RULES 1993 No. 276

ISSUED BY THE AUTHORITY OF THE MINISTER FOR JUSTICE

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT)

Subsection 70(1) of the Administrative Appeals Tribunal Act 1975 ('the Act') provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The purpose of the proposed regulations is to provide for amendments which are consequential to the Administrative Appeals Tribunal Amendment Act 1993 and to correct some minor anomalies in the existing regulations.

Details of the proposed regulations are as follows.

Regulation 1 provides that the proposed regulations amend the Administrative Appeals Tribunal Regulations ('the Regulations').

Regulation 2 inserts a new regulation 8A which provides that for the purposes of paragraph 42A (4) (b) of the Act, which gives the Tribunal the power to dismiss an application where the applicant fails to disclose a reviewable decision within a prescribed time, the prescribed time is 14 days.

Regulation 3 amends regulation 9 by inserting subregulation 9 (3) which provides that for the purposes of subsection 68 (2) of the Act, a document may be lodged with the Registrar by facsimile transmission.

Regulation 4 amends regulation 15 to provide for three forms of summons to reflect amendments to section 40A of the Act which now provides for 3 different types of summons:

•       a summons to give evidence (Form 7);

•       a summons to give evidence and produce documents (Form 8); and

•       a summons to produce documents (Form 9).

Regulation 5 omits regulation 18 which deals with the service of documents and inserts new regulation 18 and new regulation 18A.

The new regulations set out in full the rules of service for proceedings before the Administrative Appeals Tribunal.

New regulation 18 provides that a person may lodge an address for service of documents in a proceeding and that at any time after lodging an address for service in a proceeding a person may lodge a new address for service in that proceeding.

Subregulation 18 (3) provides that if a person lodges a new address for service:

(a)       that new address becomes the person's address for service in the proceeding; and

(b)       the person must, immediately after lodging the new address for service, serve on every other party to the proceeding a notice of the new address for service.

New subregulation 18A (1) provides that a document includes a notice and a statement. New subregulation 18A (2) provides that a document may be lodged by personal service or by post. New subregulations 18A (3) - (6) provide for the ways that personal service may be effected.

New subregulation 18A (3) provides that a document may be served on an individual by handing a copy of the document to him or her or putting it down in his or her presence and explaining its general nature.

New subregulation 18A (4) provides that if a person has lodged an address for service a document may be served by. handing a copy of it to a person at that address who is apparently of the age of 16 years or over and apparently lives or works at that address.

New subregulation 18A (5) provides that a document may be served on an individual who has not lodged an address for service by handing a copy of the document to a person apparently of the age of 16 years or over and who apparently lives or works at that address.

New subregulation 18A (6) provides that a document may be served on a corporation which has not lodged an address for service at its registered office by handing a copy of the document to a person apparently of the age of 16 years or over and who apparently lives or works at that office.

New subregulation 18A (7) provides that if a document is served by post it is taken to be served on the day it is posted.

Regulation 6 omits Form 7 and inserts new Forms 7, 8 and 9 which provide the new forms of summons.

Regulation 7 amends Schedule 3 by removing:

•       from Item 1 references to the Commonwealth Employees' Rehabilitation and Compensation Act 1988 and the Social Security Act 1947 and inserting references to the Safety Rehabilitation and Compensation Act 1988, the Seafarers Rehabilitation and Compensation Act 1992 and the Social Security Act 1991; and

•       Items 5 and 6 as these matters are no longer reviewable by the Tribunal but are reviewable by the ACT Administrative Appeals Tribunal.