Administrative Appeals Tribunal - Jurisdiction

Jurisdiction

The AAT does not have a general jurisdiction to review administrative decisions. Rather the individual statutes that empower agencies or Ministers to make decisions also grant jurisdiction to the AAT to review the decisions. For example, certain decisions made by a delegate of the Minister for Immigration and Citizenship under the Migration Act 1958 may be subject to merits review in the AAT. The right of review is provided for in the Migration Act itself.

The Tribunal is not a court. The Australian Constitution mandates a separation of powers between the executive, legislative and judicial branches of government. Judicial review of administrative decisions takes place in courts, such as the Federal Court and the Federal Magistrates Court. Merits review of administrative decisions takes place in the AAT and other tribunals such as the Migration Review Tribunal and the Refugee Review Tribunal. These tribunals remain part of the executive branch of government.

The AAT has jurisdiction to review a number of decisions made under Commonwealth legislation, including in the areas of taxation, immigration, social security, industrial law, corporations and bankruptcy. These decisions may have been made by officials including government ministers, departments, public servants with delegated authority and statutory government bodies. The authority to review administrative decisions is limited to specific areas of government administration where an Act, regulation or other legislative instrument provides for a review by the AAT. The Tribunal has no power to enquire into government decisions generally. More than 400 federal Acts provide for review by the AAT. The Tribunal also has powers to review the decisions of some other Australian tribunals, such as the Social Security Appeals Tribunal and the Veterans' Review Board. The Tribunal has no power to consider the constitutional validity of particular laws or the legality of government decision-making, but only whether decisions taken by government officials under that law have been taken in accordance with the relevant statutory requirements.

The AAT's review of government decisions is merit based: it considers whether, on the facts presented to the Tribunal, the correct decision was made in respect of the applicable law(s) and government procedures. Hearings are conducted de novo. It can 'stand in the shoes of the original decision maker' and reconsider the decision using whatever information is brought before it or available to it. The Tribunal is not bound by the rules of evidence and can use whatever information it chooses to inform its decisions (as can the administrators whose decisions are under review).