Post by Banjo on Nov 8, 2014 21:48:20 GMT 7
Administrative Appeals Tribunal Social Security Self Advocacy Kit
June 2000
Written and edited by the Welfare Rights and Advocacy Service
in collaboration with the National Welfare Rights Network
with funding from the Australian Institute of Administrative Law.
AAT Social Security Kit Summary
This summary aims to provide you with a basic outline of what the Administrative Appeals Tribunal (AAT) does and how you might represent yourself to it for social security matters. There may be many reasons why you represent yourself before the AAT – welfare rights services for professional support have limited resources, you may not live near such a service, cannot afford a lawyer or you may want to represent yourself. You have the right to appeal decisions about your social security payments. Many people successfully represent themselves before the AAT.
A full kit is available from your local Welfare Rights service, at the library of your capital city District Registry office of the AAT (see your local White Pages for contacts) or by contacting the: Welfare Rights and Advocacy Service on Ph (08) 9328 1751 or by email at welfare@wraswa.org.au The full kit may also be downloaded on the following web site www.wraswa.org.au
About the AAT
The AAT is an independent Tribunal, it is not part of Centrelink. The AAT can review decisions taken by the Social Security Appeals Tribunal (SSAT). If you were not successful (or only partly so) in a matter before the SSAT you can appeal. Similarly, if you were successful (or partly so) then Centrelink can appeal your matter to the AAT.
The AAT makes a review of matters ‘on merits’, which means that it can look at all evidence and ‘stand in the shoes’ of the original decision maker. It can overturn or change decisions made by Centrelink.
What appealing to the AAT involves
To appeal to the AAT you should try to do so within 28 days of receiving a decision from the SSAT. If you are out of time (i.e. late) then you can apply for an extension of time, but you will need to give reasons. In making a decision about whether or not to appeal a decision of the SSAT it is a good idea to talk to someone from a Welfare Rights service, who can give a professional and independent opinion. If in doubt, lodge an appeal in time and seek advice later, you can always withdraw the appeal if you decide not to go ahead!
There are two diagrams following these notes. One summarises the key steps involved, the other the steps at an actual haring of the AAT. These steps can make the workings of the Tribunal seem more complicated than they often are in practice - not everyone need necessarily go through every step, it just depends on your particular case.
The Administrative Appeals Tribunal - Key Steps
AAT Application Lodged
When: By you or by Centrelink within 28 days of the SSAT decision. Lodge an application for an ‘Extension of Time’ appeal in writing if appealing outside the 28 days, give reasons in writing and provide documents to support.
Issues to Consider: Do you want the hearing to be confidential? If so, give reasons in writing. You want a hold put on the SSAT decision— apply for a ‘Stay Order’. Stay order hearing may be held. Begin preparing early, read relevant sections of the law and other similar cases.
‘T’ (Tribunal) Documents
When: Provided to you and the AAT within 28 days of AAT application lodged. Prepared by the Centrelink Advocacy & Administrative Law Section (AALS) based on your Centrelink file. May include AALS ’Statement of Issues”
Issues to Consider: Add documents you have which are not already included. Maybe apply for Freedom of Information for your full Centrelink file.
First Preliminary Conference (PC)
When: 6 to 8 weeks after AAT application lodged.
Issues to Consider: Centrelink provides a ‘Statement of Issues’-, you can also do so. Either you or Centrelink AALS can withdraw or concede at any time—get independent advice first. You and Centrelink AALS can enter into mediation or make a written, signed agreement.
Second Preliminary Conference
When: Decided by the AAT, may or may not be held.
Issues to Consider: Centrelink AALS must prepare a ‘Statement of Facts & Contentions’. If necessary, a ‘Practice Directions’ Hearing may be called. Centrelink and you must identify witnesses to be called.
The Hearing
When: Set by the AAT, but let them know if you have witnesses which can’t make some days or times.
Issues to Consider: An opening statement given, witnesses questioned and cross-examined under oath, summing up statements made by you and Centrelink AALS
The Decision & Appeal
When: AAT decision given either orally at the hearing or after the hearing, orally or in writing. Further appeal is to the Federal Court within 28 days of the AAT decision.
Issues to consider: If considering an appeal this can only be on ‘a point of law’ or breach of ‘natural justice’ and legal advice should be sought. A Federal Court case is likely to cost you.
The AAT Hearing - Key Stages
Opening Remarks
Order of Proceedings: The applicant makes the opening remarks first (this will be you if you appealed the SSAT decision).
The respondent (Centrelink AALS if you are appealing an SSAT decision) will make opening remarks next.
Hints: Have your notes ready. Refer to the ‘T’ Documents, other similar cases and summarise what your witnesses will contribute. Refer to relevant sections of Social Security Law.
Witnesses
Order of Proceedings: Applicant witnesses called first and are required to take an oath to tell the truth. Applicant asks questions first. Respondent then cross-examines and Tribunal members may ask questions. Then applicant may ask some questions again. Then Respondent calls their witnesses, you and the Tribunal can cross-examine. The Respondent may then ask further questions.
Hints: You should have prepared your witnesses in advance and know what they will say. When cross-examining ‘expert’ witnesses for the other side, take care - prepare in advance and if you can’t counter points, consider not asking questions.
Summing Up
Order of Proceedings: Applicant begins by summing up. Then the Respondent presents their summing up. The Applicant can again address the Tribunal.
Hints: Take notes during the hearing and during your summing up counter any arguments and evidence made by the other side by referring to your evidence, other similar cases and the Social Security Law.
The Decision
Order of Proceedings: A decision may be given orally at the end of the hearing or may be given orally or in writing later. You may be asked to prepare a written submission before a decision. You can ask for a written decision.
Hints: Seek legal advice if considering appealing to the Federal Court.
The Decision & Appeal
When: AAT decision given either orally at the hearing or after the hearing, orally or in writing. Further appeal is to the Federal Court within 28 days of the AAT decision.
Issues to consider: If considering an appeal this can only be on ‘a point of law’ or breach of ‘natural justice’ and legal advice should be sought. A Federal Court case is likely to cost you.
www.wraswa.org.au/page6.html
June 2000
Written and edited by the Welfare Rights and Advocacy Service
in collaboration with the National Welfare Rights Network
with funding from the Australian Institute of Administrative Law.
AAT Social Security Kit Summary
This summary aims to provide you with a basic outline of what the Administrative Appeals Tribunal (AAT) does and how you might represent yourself to it for social security matters. There may be many reasons why you represent yourself before the AAT – welfare rights services for professional support have limited resources, you may not live near such a service, cannot afford a lawyer or you may want to represent yourself. You have the right to appeal decisions about your social security payments. Many people successfully represent themselves before the AAT.
A full kit is available from your local Welfare Rights service, at the library of your capital city District Registry office of the AAT (see your local White Pages for contacts) or by contacting the: Welfare Rights and Advocacy Service on Ph (08) 9328 1751 or by email at welfare@wraswa.org.au The full kit may also be downloaded on the following web site www.wraswa.org.au
About the AAT
The AAT is an independent Tribunal, it is not part of Centrelink. The AAT can review decisions taken by the Social Security Appeals Tribunal (SSAT). If you were not successful (or only partly so) in a matter before the SSAT you can appeal. Similarly, if you were successful (or partly so) then Centrelink can appeal your matter to the AAT.
The AAT makes a review of matters ‘on merits’, which means that it can look at all evidence and ‘stand in the shoes’ of the original decision maker. It can overturn or change decisions made by Centrelink.
What appealing to the AAT involves
To appeal to the AAT you should try to do so within 28 days of receiving a decision from the SSAT. If you are out of time (i.e. late) then you can apply for an extension of time, but you will need to give reasons. In making a decision about whether or not to appeal a decision of the SSAT it is a good idea to talk to someone from a Welfare Rights service, who can give a professional and independent opinion. If in doubt, lodge an appeal in time and seek advice later, you can always withdraw the appeal if you decide not to go ahead!
There are two diagrams following these notes. One summarises the key steps involved, the other the steps at an actual haring of the AAT. These steps can make the workings of the Tribunal seem more complicated than they often are in practice - not everyone need necessarily go through every step, it just depends on your particular case.
The Administrative Appeals Tribunal - Key Steps
AAT Application Lodged
When: By you or by Centrelink within 28 days of the SSAT decision. Lodge an application for an ‘Extension of Time’ appeal in writing if appealing outside the 28 days, give reasons in writing and provide documents to support.
Issues to Consider: Do you want the hearing to be confidential? If so, give reasons in writing. You want a hold put on the SSAT decision— apply for a ‘Stay Order’. Stay order hearing may be held. Begin preparing early, read relevant sections of the law and other similar cases.
‘T’ (Tribunal) Documents
When: Provided to you and the AAT within 28 days of AAT application lodged. Prepared by the Centrelink Advocacy & Administrative Law Section (AALS) based on your Centrelink file. May include AALS ’Statement of Issues”
Issues to Consider: Add documents you have which are not already included. Maybe apply for Freedom of Information for your full Centrelink file.
First Preliminary Conference (PC)
When: 6 to 8 weeks after AAT application lodged.
Issues to Consider: Centrelink provides a ‘Statement of Issues’-, you can also do so. Either you or Centrelink AALS can withdraw or concede at any time—get independent advice first. You and Centrelink AALS can enter into mediation or make a written, signed agreement.
Second Preliminary Conference
When: Decided by the AAT, may or may not be held.
Issues to Consider: Centrelink AALS must prepare a ‘Statement of Facts & Contentions’. If necessary, a ‘Practice Directions’ Hearing may be called. Centrelink and you must identify witnesses to be called.
The Hearing
When: Set by the AAT, but let them know if you have witnesses which can’t make some days or times.
Issues to Consider: An opening statement given, witnesses questioned and cross-examined under oath, summing up statements made by you and Centrelink AALS
The Decision & Appeal
When: AAT decision given either orally at the hearing or after the hearing, orally or in writing. Further appeal is to the Federal Court within 28 days of the AAT decision.
Issues to consider: If considering an appeal this can only be on ‘a point of law’ or breach of ‘natural justice’ and legal advice should be sought. A Federal Court case is likely to cost you.
The AAT Hearing - Key Stages
Opening Remarks
Order of Proceedings: The applicant makes the opening remarks first (this will be you if you appealed the SSAT decision).
The respondent (Centrelink AALS if you are appealing an SSAT decision) will make opening remarks next.
Hints: Have your notes ready. Refer to the ‘T’ Documents, other similar cases and summarise what your witnesses will contribute. Refer to relevant sections of Social Security Law.
Witnesses
Order of Proceedings: Applicant witnesses called first and are required to take an oath to tell the truth. Applicant asks questions first. Respondent then cross-examines and Tribunal members may ask questions. Then applicant may ask some questions again. Then Respondent calls their witnesses, you and the Tribunal can cross-examine. The Respondent may then ask further questions.
Hints: You should have prepared your witnesses in advance and know what they will say. When cross-examining ‘expert’ witnesses for the other side, take care - prepare in advance and if you can’t counter points, consider not asking questions.
Summing Up
Order of Proceedings: Applicant begins by summing up. Then the Respondent presents their summing up. The Applicant can again address the Tribunal.
Hints: Take notes during the hearing and during your summing up counter any arguments and evidence made by the other side by referring to your evidence, other similar cases and the Social Security Law.
The Decision
Order of Proceedings: A decision may be given orally at the end of the hearing or may be given orally or in writing later. You may be asked to prepare a written submission before a decision. You can ask for a written decision.
Hints: Seek legal advice if considering appealing to the Federal Court.
The Decision & Appeal
When: AAT decision given either orally at the hearing or after the hearing, orally or in writing. Further appeal is to the Federal Court within 28 days of the AAT decision.
Issues to consider: If considering an appeal this can only be on ‘a point of law’ or breach of ‘natural justice’ and legal advice should be sought. A Federal Court case is likely to cost you.
www.wraswa.org.au/page6.html