Administrative Appeals Tribunal Annual Report 2003–04 © Commonwealth of Australia 2004 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Australian Government, available from the Department of Communications, Information Technology and the Arts. Requests and enquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Intellectual Property Branch, Department of Communications, Information Technology and the Arts, GPO Box 2154, Canberra ACT 2601, or posted at www.dcita.gov.au/cca. ISSN 1035-3161 Editorial services provided by WordsWorth Writing Designed by Spectrum Graphics sg.com.au Printed by National Capital Printing Administrative Appeals Tribunal iii Annual Report 2003–04 Contents Reader’s guide V Chapter 1: The year in review 1 President’s overview 2 Registrar’s report 4 Chapter 2: Overview of the Tribunal 11 Chapter 3: Workload and performance 21 Chapter 4: Our users and our partners 35 Chapter 5: Our people and our organisation 45 Financial statements 63 Appendices 103 Annual Report 2003–04 Report Annual Appendix 1: Members of the Tribunal 104 Appendix 2: Staff of the Tribunal 123 iv Appendix 3: Statistics for the year ending 30 June 2004 124 Appendix 4: Tribunal application fees 137 Appendix 5: Changes to the Tribunal’s jurisdiction 139 Appendix 6: Decisions of interest 142 Appendix 7: Freedom of information 151 Endmatter 153 Glossary 154 Contacting the Tribunal 157 Indexes 159 Administrative Appeals Tribunal Appeals Administrative Compliance index 160 Alphabetical index 163 Reader’s guide Chapter 1: The year in review – comprises the President’s overview and Registrar’s report. The purpose of this annual report is to inform the These two reports highlight signifi cant issues Attorney-General, the Parliament, Tribunal users relating to the Tribunal’s performance during the and the general public about the performance reporting year, which are discussed in more detail of the Administrative Appeals Tribunal (the AAT) throughout the report. during the period 1 July 2003 to 30 June 2004. Chapter 2: Overview of the Tribunal – provides In producing the report, the Tribunal has been basic information about the Tribunal, including mindful of this diverse range of readers. its role, functions and powers, organisational In this year’s report, the Tribunal has adopted a structure, people, dispute resolution process revised approach to the presentation of information and accessibility. on its operations. The Tribunal’s Organisational Chapter 3: Workload and performance – provides Plan 2003–04, which appears at the end of information and commentary on the Tribunal’s Chapter 1, sets out key result areas, goals and workload and performance results. This chapter strategies which are linked to the outcome includes information on fi nancial performance, specifi ed in the Tribunal’s Portfolio Agency Budget performance against internal time standards, Statements. That outcome is: complaints and external scrutiny. Annual Report 2003–04 Report Annual to provide aggrieved persons and agencies Chapter 4: Our users and our partners – contains with timely, fair and independent merits review information on initiatives to improve the Tribunal’s v of administrative decisions over which the practices and procedures, access to the Tribunal Tribunal has jurisdiction. and the Tribunal’s liaison with its users. It also describes the Tribunal’s contact and relationships This report provides information on the Tribunal’s with other external bodies in relation to issues performance in relation to this outcome and each concerning the Tribunal and of the key result areas identifi ed in the plan. its operations. Other new features of this report include: Chapter 5: Our people and our organisation • profi les of the Tribunal’s members – provides information on human resource • more statistical information relating to the management within the Tribunal and the Tribunal’s major jurisdictions – compensation, administration of the Tribunal generally. social security, taxation and veterans’ affairs Administrative Appeals Tribunal Appeals Administrative • a compliance index. The audited fi nancial statements of the Tribunal are set out after Chapter 5, commencing at page 63. The appendices include profi les of the Tribunal’s members, more detailed statistical information on the Tribunal’s workload, changes to the Tribunal’s jurisdiction, Tribunal decisions of interest, and freedom of information data. A complete list of appendices is provided in the table of contents. The following tools may assist in fi nding information in this report – the table of contents at page iv, glossary at page 154, compliance index at page 160, and index to this report at page 163. An electronic version of this annual report is available from the Tribunal’s website, at www.aat.gov.au/CorporatePublications/ Annual Report 2003–04 Report Annual AnnualReport.htm. Further information about the Tribunal is available from the Tribunal’s homepage, vi at www.aat.gov.au. Enquiries, comments or requests for further information about this annual report may be addressed to: Registrar Principal Registry Administrative Appeals Tribunal GPO Box 9955 SYDNEY NSW 2001 Telephone: (02) 9391 2491 Facsimile: (02) 9283 4881 Administrative Appeals Tribunal Appeals Administrative Email: [email protected] Chapter 1: The year in review 2 President’s overview 4 Registrar’s report Chapter 1: Following the unfortunate and untimely death of Ms Janet Cooper, our long term Assistant The year in review Registrar, Ms Sian Leathem was appointed Assistant Registrar in January 2004. She has President’s overview been joined by Mr Chris Matthies, who returned This year has been one of hard to the Tribunal, following a period at the Australian work and consolidation as the Broadcasting Authority, as Manager of Policy Tribunal worked towards its goal and Research. of being a leader in administrative The Principal Registry team has been focusing review, providing ‘informal, on a large range of projects, many of which will fast and fair merits review, continue into the coming year. unfettered by costly and legalistic An area of considerable progress has been the procedures’ to use the words of introduction of pilot duty lawyer schemes in our the Attorney-General. New South Wales, Queensland and Victoria During the year work has continued on proposed Registries. These pilots have only been possible amendments to the Administrative Appeals through the assistance and cooperation of Tribunal Act 1975. An exposure draft was released the Legal Aid Commissions in these states. Annual Report 2003–04 Report Annual in June. The Bill is designed to provide changes The provision of advice and assistance to self- in fi ve key areas: represented litigants by experienced legal aid 2 • reforms to Tribunal procedures solicitors has assisted the Tribunal in the effi cient disposition of these matters in a just manner. I note • removal of restrictive constitution provisions that the recent inquiry by the Senate Legal and • better use of ordinary members Constitutional References Committee into legal • reform of the role of the Federal Court aid in Australia recommended that a duty solicitor scheme should be introduced for the Tribunal. • changes to the qualifi cations required for appointment as President. The Tribunal spent considerable time during the year contributing to the Tribunal Effi ciencies The Tribunal looks forward to a speedy Working Group. This group was made up of the consideration of the proposed amendments presiding members and other representatives of by Parliament in the next reporting period. the Administrative Appeals Tribunal, Migration Administrative Appeals Tribunal Appeals Administrative This year has seen considerable change at senior Review Tribunal, Refugee Review Tribunal, Social levels within the Tribunal, with the appointment Security Appeals Tribunal and the Veterans’ of Mr Doug Humphreys as Registrar from Review Board, together with representatives 25 August 2003 for a period of fi ve years. I would of the departments with which each tribunal is like to record my thanks to Ms Jill Toohey, who associated. The Group was asked to look at acted as Registrar until that date. Ms Toohey opportunities for resource sharing and other served the Tribunal well during a period of effi ciencies between tribunals. I note that there considerable uncertainty and I wish her well is already cooperation and resource sharing for the future. between the relevant tribunals. For example, the AAT provides registry and videoconferencing services to the MRT in its Queensland, South Australia and Western Australia registries. Given the differing needs and roles of the various One of the matters that has occupied a tribunals, opportunities to cooperate further may considerable amount of my time during the year be limited in the absence of legislative change and has been work associated with reappointments additional funding. and appointments to the Tribunal. The terms of appointment of more than thirty members ended This year I have been active as Chair of the Council during the reporting period. I wish those who have of Australasian Tribunals (COAT). The Council is left the Tribunal every success for the future and a peak body for Commonwealth, State, Territory record my appreciation of their commitment and and New Zealand tribunals which aims to share hard work for the Tribunal during