8.2.4 Other Evidence Provisions

Taking evidence

The AAT may take evidence on oath or affirmation for the purposes of a review of a decision.

Provision of further information by Centrelink

The AAT may ask Centrelink to provide further information or a document that is in the possession of Centrelink and is relevant to the AAT first review. Centrelink must comply with this request as soon as practicable and, in any event, within 14 days after the request is made.

Exercise by Centrelink of information-gathering powers

The AAT may ask Centrelink to exercise Centrelink's powers under PPLAct section 117 (7.1.1), if the AAT reasonably believes that a person will be able to give information, or produce a document, that is relevant to the review of a decision. Centrelink must comply as soon as practicable, and, in any event, within 7 days after the request is made.

Note: PPLAct section 116A does not apply to Centrelink when complying with a request from the AAT to obtain information for an AAT first review.

Power to obtain information

If the AAT reasonably believes that it is necessary for the purposes of an AAT first review, the AAT may give a person a written notice directing them to give to the AAT information or produce documents that are relevant to the review or to attend a hearing and answer questions. The notice must specify the time and place to attend a hearing and allow a reasonable time for attendance. The period for giving the information or documents to the AAT must be at least 14 days after the notice is given.

Offence

It is an offence if the person contravenes a direction given by the AAT to provide information or produce documents or attend the AAT hearing as requested. The penalty is imprisonment for 12 months or 60 penalty units, or both.

Act reference: PPLAct section 116A Reasonable belief needed to require information or documents, section 229 Secretary to provide further information for AAT first review, section 230 AAT's power to obtain information for AAT first review, section 231 AAT may require Secretary to obtain information for AAT first review

Last reviewed: 2 July 2018