6.3.2 AAT Second Reviews

Second review by the AAT

If an AAT first review has confirmed, changed or set aside a decision, both the Secretary and the person affected by the decision may apply for an AAT second review of the decision.

Application for a review

An application to the AAT for a second review must be made within 28 days of the applicant being notified of the AAT first review decision, unless the AAT grants an extension. The application must be in writing and must outline the reasons for the application.

Notification of a second review decision by the AAT

The AAT must notify the applicant of their second review decision.

Date of effect of the AAT second review decision

The Tribunal's second review decision is deemed to have effect on and from the day on which the decision under second review had effect, subject to any contrary order (see Administrative Appeals Tribunal Act 1975 section 43(5A) and section 43(5B)).

Further reviews

The person or the Secretary may appeal to the Federal Court of Australia for a review of an AAT second review decision within 28 days of being notified of the decision but only on a question of law.

Act reference: FA(Admin)Act section 128 Application for AAT second review

Last reviewed: 5 November 2018