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Post by tasjo on Jan 29, 2017 11:06:35 GMT 7
Does anyone know when I need to request that a second AAT review not disclose my name and detail?
I'm concerned that the insurance company handling my TPD claim could gain info due to the public nature of a level 2 Tribunal.
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Post by murphy on Jan 29, 2017 12:22:18 GMT 7
Make an application for a confidentiality order from the very outset. WRC will be able to advise the format of the application. I'd be getting those details now. The Act describes the circumstances for which a confidentiality order may be granted, but WRC is most likely to know the best way to frame your application.
That said, it's very difficult to conceal anything from Worker's Comp.
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Post by tasjo on Jan 29, 2017 13:07:52 GMT 7
Thanks Murphy... it's not Workers Comp but if its possible to get confidentiality I would prefer it. My lawyer for TPD knows the status of my DSP claim but having a very distinctive name it would make it very easy for them to dig stuff up.
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Post by murphy on Jan 29, 2017 15:51:58 GMT 7
Sorry, I meant insurers in general. Whether they detect the Tribunal decision will depend on what level of surveillance the insurer has you under.
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Post by krystal on Jan 31, 2017 0:06:17 GMT 7
Not only to keep the information from your insurer but Level 2 regularly publishes complete identifiable medical information on an open global database that anyone with an internet connection has access to.
Apply for a confidentiality order as soon as you know your going to appeal to Level 2 AAT.
The relevant legislation is:
ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 35
"However (and without being required to seek the views of the parties), the Tribunal is to pay due regard to any reasons in favour of giving such a direction, including, for the purposes of subsection (3) or (4), the confidential nature (if applicable) of the information. "
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Took me 11 months to get a Confidentiality Order issued and then only after a 17 page submission to the Office of the Australian Information Commissioner.
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Post by tasjo on Feb 28, 2017 19:45:01 GMT 7
I just thought I would let you all know that it appears the Tribunal may award confidentiality on my name  I'll let you know once I know for sure. |
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Post by murphy on Feb 28, 2017 20:15:41 GMT 7
Yay.
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Post by krystal on Feb 28, 2017 22:28:40 GMT 7
Good news indeedy |
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Post by tasjo on Mar 1, 2017 12:32:42 GMT 7
I have a conference in early April and for the moment a pseudonym has been used while they confirm with CLink if they agree to keep my name confidential.
I have to say that so far I am quite impressed with the AAT.
It gives me time to get a letter from my psychologist and to get through the DES appt next week.
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Post by Banjo on Mar 1, 2017 12:41:44 GMT 7
I think that they do try hard to keep things according to the rules and make sure that their decisions follow the legislation.
I seldom hear, and I read a lot of decisions, of anyone having the sort of stand up fight you can have with an ARO.
Having said that, I'm not supporting the system, the very fact that Centrelink send expensive lawyers while most people represent themselves is unfair to begin with.
What we try to do here is make sure that everyone goes to the tribunal with the maximum information available and a knowledge of how the system works.
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Post by snooks on Mar 1, 2017 12:44:22 GMT 7
Great news tasjo |
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Post by tasjo on Mar 1, 2017 14:35:36 GMT 7
I think that they do try hard to keep things according to the rules and make sure that their decisions follow the legislation. I seldom hear, and I read a lot of decisions, of anyone having the sort of stand up fight you can have with an ARO. Having said that, I'm not supporting the system, the very fact that Centrelink send expensive lawyers while most people represent themselves is unfair to begin with. What we try to do here is make sure that everyone goes to the tribunal with the maximum information available and a knowledge of how the system works. In some ways I feel that if my appeal is successful I would like it to be my own doing if that makes sense? But, without the info on the forum I feel I would be a lot more blind. |
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Post by Banjo on Mar 1, 2017 17:17:49 GMT 7
It's very satisfying to do it successfully yourself.
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Post by krystal on Mar 3, 2017 14:52:24 GMT 7
I have a conference in early April and for the moment a pseudonym has been used while they confirm with CLink if they agree to keep my name confidential. I have to say that so far I am quite impressed with the AAT. It gives me time to get a letter from my psychologist and to get through the DES appt next week. This bit always confuses me. The Legislation (AAT Act s35) clearly states that they DON'T have to refer the application to the other party. " However (and without being required to seek the views of the parties), the Tribunal is to pay due regard to any reasons in favour of giving such a direction, including, for the purposes of subsection (3) or (4), the confidential nature (if applicable) of the information. " |
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Post by tasjo on Mar 3, 2017 15:24:14 GMT 7
Krystal... not sure, only going on what was said... apparently it can be referred to a member for a confidentiality hearing but they generally only do that if Clink declines the request. I'll wait and see what happens I guess |
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I'll let you know once I know for sure.
