8.2 AAT First Review of Claimant & Employer Decisions

Introduction

If a decision has been affirmed, varied or set aside by an ARO, a person affected by a claimant decision (1.1.C.110) or an employer affected by an employer determination decision (1.1.E.60) or an employer funding amount decision (1.1.E 80) may apply for an AAT first review of the decision as affirmed, varied or substituted. The objective of an AAT first review is to provide a mechanism of review that is fair, just, economical, informal and quick.

The AAT may review a claimant decision, an employer determination decision or an employer funding amount decision made personally by a PPL agency representative (1.1.P.160).

Decisions which the AAT may review are referred to as either AAT reviewable claimant decisions (1.1.A.02) or AAT reviewable employer decisions (1.1.A.03).

Exception: Decisions referred to in PPLAct subsection 215(2) (see 8.2.1) are not reviewable by the AAT.

Act reference: PPLAct section 215 Application of this Division, section 223 Application of this Division

Procedures

There are procedures to be followed for AAT first reviews of decisions and requirements for notification of the decision (see 8.2.3).

Federal Court

An AAT first review of employer proceedings can be subject to judicial review as if they were proceedings under an AAT second review. A party to an AAT first review of employer proceedings can appeal to the Federal Court on a question of law from any decision of the AAT in those proceedings. A question of law arising in an AAT first review of employer proceedings can be referred to the Federal Court for decision (see 8.2.9).

In this chapter

This chapter contains the following sections:
Last reviewed: 1 July 2015