Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1996 NO. 187

STATUTORY RULES 1996 No. 187

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL AND 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 for the purposes of the Act.

Regulation 19 of the Administrative Appeals Tribunal Regulations provides for prescribed fees under the Act. Subregulation 19(1) of the AAT Regulations provides that the application fee shall be $368.

The purpose of these Regulations is to increase the prescribed fees in the AAT. The overall level of cost recovery in all Commonwealth courts and tribunals is being increased to bring it into line with the average level of cost recovery in the State and Territory courts and is part of the overall Government strategy to reduce the Budget deficit.

The existing exemption and waiver provisions, which cover those in receipt of legal aid or income support payments and others who would suffer financial hardship if they had to pay fees, will be standardised and will remain to protect the disadvantaged.

Details of these Regulations are as follows:

Regulation 1 - Commencement

Regulation 1 provides for the Regulations to commence on 1 September 1996.

Regulation 2 - Amendment

Regulation 2 provides for the Administrative Appeals Tribunal Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 19 (Prescribed fees)

Subregulation 3.1 omits $368 and substitutes $500.

Subregulation 19(6) provides for the circumstances in which an application fee is not payable. Subregulation 3.2 omits existing subregulation 19(6) and substitutes new subregulation 19(6).

New subregulation 19(6) provides that the fee is not payable if the person liable to pay it has been granted legal aid (paragraph (a), is an inmate of a prison (subparagraph (b)(iii)), is under 18 years of age (subparagraph (b)(iv)) or is in receipt of AUSTUDY (subparagraph (b)(v)). These exemptions existed under the previous Regulations.

New subregulation 19(6) also provide that the fee is not payable if the applicant is:

*       the holder of one of a number of current cards issued by the Department of Social Security (subparagraph (b)(i)); or

*        the holder of any other card issued by the Department of Social Security or the Department of Veteran's Affairs that certifies entitlement to Commonwealth health concessions (subparagraph (b)(ii)).

The Regulations up-date the list of cards issued by the Department of Social Security which were included in the previous Regulations. In order to avoid having to amend the Regulations each time the Department of Social Security changes the cards it issues, a catch-all provision has also been included.

Existing subparagraph 19(6)(b)(v) provides that the fee is not payable if the person liable to pay it is in receipt of AUSTUDY. The policy intention is to exempt from the liability to pay fees anyone who is in receipt of student assistance income. The proposed Regulations would provide that the exemption is extended to persons in receipt of benefits under the ABSTUDY Scheme (subparagraph 19(6)(b)(vi)).

Paragraph 19(6)(c) provides that the fee is not payable if the Registrar or Deputy Registrar, having regard to the income, day to day living expenses, assets and liabilities of the person liable to pay the fee, waives the fee on the ground of financial hardship. In the previous Regulations only the Registrar had the power to waive fees on the ground of financial hardship.

The provisions in these Regulations about waiver of fees on the grounds of financial hardship are consistent with the provisions regarding waiver on the grounds of financial hardship in the other Commonwealth courts and the Administrative Appeals Tribunal.

Regulation 4 - New regulations 19A and 19B

Regulation 4 inserts new regulations 19A and 19B.

New regulation 19A provides that a fee, prescribed by regulation 4, 4A or 5, is increased biennially, on the anniversary of 1 July 1996.

New regulation 19B provides for the method by which the increase is to be calculated. New subregulation 19B(1) defines a number of the terms necessary to calculate the increase, including CPI number which is defined as being the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

New subregulation 19B(2) provides for the formula for calculating the fee increases. As examples of how the increases are to be calculated: at the end of the 2 year period commencing 1 July 1996, the each of the existing fees will be multiplied by the CPI number for the March quarter 1998 and divided by the CPI number for the March quarter 1996. The fees will only be increased if the CPI number for the March quarter 1998 is greater than that for the March quarter 1996. Similarly, at the end of the 2 year period commencing 1 July 1998, each of the existing fees will be multiplied by the CPI number for the March quarter 2000 and divided by the CPI number for the March quarter 1998. Again, the fees will only be increased if the CPI number for the March quarter 2000 is greater than that for the March quarter 1998.

New subregulation 19B(3) provides for the rounding of the increased fees to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

New subregulation 19B(4) provides that if the Australian Statistician publishes a replacement CPI number in respect of an already published CPI number for a March quarter, the replacement CPI number is to be disregarded. The effect of this subregulation is that once the fees have been increased biennially, in accordance with officially published CPI numbers, any alteration in the CPI numbers won't necessitate an alteration in the increased fees during the biennium.

New subregulation 19B(5) provides that if the Australian Statistician changes the reference base for the CPI then the new reference base will be adopted for the purposes of these Regulations.

These Regulations commence on 1 September 1996.