The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to social security payments. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.2 External review applications to the AAT

Introduction

A parent can apply to the AAT for an AAT first review of most objection decisions made by the Registrar. This chapter explains which decisions the AAT can review and the process involved.

A parent can apply to the AAT for a review of certain Registrar decisions regarding Departure Prohibition Orders. See 5.2.11 for information on the review provisions.

Where someone has asked the Australian Information Commissioner to review a decision made by an agency or Minister under the Freedom of Information Act 1982 (FOI Act), the AAT can review the Information Commissioner's decision. The AAT may only review decisions directly where the Information Commissioner is satisfied it is desirable the reviewable decision be considered directly by the AAT (see 6.6.2 for general information about FOI applications).

The AAT has a two-tier review process for some decisions. The AAT can also conduct an AAT second review of:

  • an AAT first review decision of a care percentage decision (2.2.1)
  • date of effect of an AAT first review decision relating to a care percentage decision (4.1.8)
  • an AAT decision to refuse an application for extension of time to apply for an AAT first review (4.2.4).

WA ex-nuptial cases

The information in this chapter applies to WA ex-nuptial children. See 1.4.2 for details of the date from which various provisions had effect for WA ex-nuptial cases.

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