Administrative Appeals Tribunal Regulations 1995

Version No. 011

Administrative Appeals Tribunal Regulations 1995

S.R. No. 1/1995

Version incorporating amendments as at 27 April 1998

table of provisions

RegulationPage

1.Objective

2.Authorising provision

3.Definition

4.Application of Regulations

5.Seal of the Tribunal

6.Applications under section 31(1) of the Act—Forms1 and 2

7.Applications under section 31(2) of the Act—Forms2, 3 and 4

8.Applications under section 32(2) of the Act—Form 5

9.Applications under section 29(2), 29(5), 29(8), 29(9) and 30(6)
of the Act—Form 6

10.Requests under sections 36(2), 36(4), 46(2) and 46(3) of the Act—Form 7

11.Registrar to serve notice of application/request—Form 8

12.Certificates by Premier/Attorney-General—Form 9

13.Registrar to date documents

14.Notice of preliminary conference and directions hearing—Form10

15.Prescribed number of copies of application

16.Prescribed number of copies of material for lodgement

17.Summons to appear before the Tribunal—Form 11

18.Witness expenses

______

FORMS

Form 1—Application for Review of a Decision

Form 2—Notice of Application for Review of a Decision/
Notice of an Application for Extension of Time

Form 3—Application for Extension of Time

Form 4—Notice of Opposition to Application

Form 5—Application to be made a Party to a Proceeding

Form 6—Application

Form 7—Request

Form 8—Notice of Application/Request

Form 9—Certificate Pursuant to Section of the Administrative Appeals Tribunal Act 1984

Form 10—Notice of Hearing

Form 11—Summons to Appear

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 011

Administrative Appeals Tribunal Regulations 1995

S.R. No. 1/1995

Version incorporating amendments as at 27 April 1998

S.R. No. 1/1995

Administrative Appeals Tribunal Regulations 1995

1.Objective

The objective of these Regulations is to remake with amendments the Administrative Appeals Tribunal Regulations 1985.[1]

2.Authorising provision

These Regulations are made under section 66 of the Administrative Appeals Tribunal Act 1984.

3.Definition

In these Regulations—

"Act" means the Administrative Appeals Tribunal Act 1984.

4.Application of Regulations

These Regulations do not apply to or in relation to—

(a)decisions made under a taxing Act; or

(b)decisions made under Part VII of the Accident Compensation Act 1985; or

(c)applications made under sections 36 and 39 of the Subdivision Act 1988.

5.Seal of the Tribunal

At each registry of the Tribunal there must be a seal of the Tribunal which is to include the words "Administrative Appeals Tribunal".

6.Applications under section 31(1) of the Act—Forms1 and 2

r. 6

(1)An application under section 31(1) of the Act for review of a decision must be in Form 1.

(2)On receipt of an application referred to in sub-regulation (1) the Registrar must cause to be served on the decision-maker named in the application a notice in Form 2.

7.Applications under section 31(2) of the Act—Forms2, 3 and 4

(1)An application under section 31(2) of the Act for an extension of time in which to lodge an application for review of a decision may be in Form 3.

(2)On receipt of an application referred to in sub-regulation (1) the Registrar must cause to be served on the decision-maker named in the application a notice in Form 2.

(3)For the purposes of section 31(4) of the Act—

(a)the prescribed time is 14 days;

(b)notice of opposition to an application under section 31(2) of the Act must be given by lodging with the Registrar a notice in Form4.

8.Applications under section 32(2) of the Act—Form 5

An application under section 32(2) of the Act to be made a party to a proceeding may be in Form5.

9.Applications under section 29(2), 29(5), 29(8), 29(9) and 30(6) ofthe Act—Form 6

(1)An application under section 29(2), 29(9) or 30(6) of the Act may be made in Form 6.

(2)An application under section 29(5), 29(8) or section 30(2) of the Act must be in Form 6.

10.Requests under sections 36(2), 36(4), 46(2) and 46(3) of the Act—Form 7

r. 9

A request under section 36(2), 36(4), 46(2) or 46(3) of the Act must be made in Form 7.

11.Registrar to serve notice of application/request—Form 8

On receipt of an application referred to in regulation 8 or 9 or a request referred to in regulation 10, the Registrar must cause to be served on the decision-maker named in the application and, where any other person has been made a party to the proceedings, that person, a notice in Form 8.

12.Certificates by Premier/Attorney-General—Form 9

A certificate by the Premier under section 30(1)(a) or 40(1) of the Act or by the Attorney-General under section 30(1)(b) or 41(1) of the Act may be in Form 9.

13.Registrar to date documents

The Registrar must ensure that the date on which a document was lodged with, or received by, the Tribunal is recorded on—

(a)the document; or

(b)a computerised data base maintained by the Tribunal.

14.Notice of preliminary conference and directions hearing—Form10

The Registrar must advise each party to a proceeding of the time and place for—

(a)a conference under section 38(1) of the Act;

(b)the giving of directions under section 35(2) of the Act;

(c)the hearing of the proceeding—

in Form 10.

15.Prescribed number of copies of application

r. 14

The prescribed number of copies for the purposes of section 30(3)(a) of the Act is—1.

16.Prescribed number of copies of material for lodgement

The prescribed number of copies for the purposes of section 36(1) of the Act is—

(a)in the case of a statement, document or part of a document in relation to which a certificate under section 30(1), 40(1) or 41(1) of the Act has been issued—1; and

(b)in any other case—6.

17.Summons to appear before the Tribunal—Form 11

(1)A summons under section 45(2) of the Act must be in Form 11.

(2)A copy of a summons referred to sub-regulation (1) must be sealed by the Registrar and, to be valid, must be served personally on the person named in the summons.

18.Witness expenses

r. 18

A person summoned to appear as a witness before the Tribunal is entitled to be paid fees and allowances for expenses in accordance with the Evidence (Crown Witnesses Allowances) Regulations 1992.[2]

______

FORMS

Form 1

Regulation 6

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Name of Applicant—

Address—

Address for Service of Notices—
(if different from above)

Application for Review of a Decision

I apply under section 31(1) of the Administrative Appeals Tribunal Act 1984 to have the following decision reviewed by the Administrative Appeals Tribunal—

1.The decision is—

2.The decision was made by—

(a)Name of person or body—

(b)(If applicable) Title or office of decision-maker—

3.Date of decision—

4.Reasons for application—

Signature—

Date—

To—
The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

______

Form 2

Regulations 6 and 7

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Applicant—

*Notice of Application for Review of a Decision

*Notice of an Application for Extension of Time

To—

*TAKE NOTICE of an application under section 31(1) of the Administrative Appeals Tribunal Act 1984 ("the Act") for a review by the Administrative Appeals Tribunal of a decision made by you and referred to in the attached copy of the application.

*TAKE NOTICE of an application under section 31(2) of the Administrative Appeals Tribunal Act 1984 ("the Act") for an extension of time in which to lodge an appeal.

Under section 32(1)(b) of the Act you are a party to the proceeding before the Tribunal and will be notified of the date and place of the hearing.

Under section 36 of the Act you are required to—

*within 28 days of receiving this notice;

*within days (being the period ordered by the Tribunal pursuant to section 36(2) of the Act) of receiving this notice—

lodge copies of—

(a)a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and

(b)every other document or part of a document that is in your possession or under your control and is considered by you to be relevant to the review of the decision by the Tribunal.

Registrar

Date—

Administrative Appeals Tribunal
[address]
[telephone number]

*Delete where inapplicable.

______

Form 3

Regulation 7

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Name of Applicant—

Address of Applicant—

Address for Service of Notices—
(if different from above)

Application for Extension of Time

I apply under section 31(2) of the Administrative Appeals Tribunal Act 1984 for an extension of time in which to lodge an application for review.

1.The decision is—

2.The decision was made by—

(a)Name of person or body—

(b)(If applicable) Title or office of decision-maker—

3.Date of decision—

4.Reasons for making this application.

Applicant

Date—

To—
The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

______

Form 4

Regulation 7(3)

ADMINISTRATIVE APPEALS 19 No.

TRIBUNAL Registry

Applicant—

Notice of Opposition to Application

Pursuant to section 31(4) of the Administrative Appeals Tribunal Act 1984 I give notice of my wish to oppose the application of the abovenamed Applicant dated 19 for an extension of time in which to lodge an application for review of a decision

(Name of decision-maker and title or office held)—
on
(Date of decision)—

My reasons for opposing the Application are as follows—

Signature—

Date—

To—

The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

______

Form 5

Regulation 8

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Name of Applicant—

Name of person seeking to be made a Party

Address—

Address for Service of Notices—
(if different from above)

Application to be made a Party to a Proceeding

Pursuant to section 32(2) of the Administrative Appeals Tribunal Act 1984 I apply to be made a party to the proceeding between—

1. (a)Applicant in Proceeding (seeking Review of a Decision)—

(b)Respondent in Proceeding—

2.Reason for making application to be made a Party: (State in what way you are a person whose interests are affected by the decision)—

Signature—

Date—

To—
The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

______

Form 6

Regulation 9

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Name of Applicant—

Name of person seeking order
(if different from above)

Address—

Address for Service of Notices—

Application

I apply to the Administrative Appeals Tribunal for—

*a declaration that a statement of reasons for decision be given pursuant to section 29(5) of the Administrative Appeals Tribunal Act 1984;

*an extension of the time in which to lodge an application for a statement of reasons pursuant to section 29(9) of the Administrative Appeals Tribunal Act 1984;

*(describe the order sought and include reference to legislative provision giving power to make order sought)

1.The decision is—

2.The decision was made by—

(a)Name of person or body—

(b)(If applicable) Title or office of decision-maker—

3.Date of decision—

4.Reason for making application—

Signature—

Date—

To—
The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

* Delete where inapplicable.

______

Form 7

Regulation 10

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Name of Applicant—

Address of person seeking order—
(if different from above)

Address—

Address for Service of Notices—

Request

I request the Administrative Appeals Tribunal to make an order—

*pursuant to section 36(2) of the Administrative Appeals Tribunal Act 1984 shortening the time in which documents should be lodged;

*pursuant to section 46(2) of the Administrative Appeals Tribunal Act 1984 staying or otherwise affecting the operation or implementation of the decision or part of decision to which the proceeding relates;

*(describe the order sought and include reference to legislative provision giving power to make order sought)

1.The decision is—

2.The decision was made by —

(a)Name of person or body—

(b)(If applicable) Title or office of decision-maker—

3.Date of decision—

4.Reason for making application—

Signature—

Date—

To—
The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

* Delete where inapplicable.

______

Form 8

Regulation 11

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Applicant—

Notice of Application/Request

TAKE NOTICE THAT

(name of applicant)

(address)

has made application/a request to the Tribunal. A copy of the application/request is attached.

You will be notified of the place and date of hearing at which this application will be dealt with.

Registrar

Date—

To—
The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

______

Form 9

Regulation 12

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Applicant—

Respondent—

Certificate Pursuant to Section of the Administrative Appeals Tribunal Act 1984

the Premier/Attorney-General of the State of Victoria certify that the disclosure of information concerning—

(specify the matter)

would be contrary to the public interest—

(specify the reason)

and that the statement, document or part of a document here identified namely—

(specify)

should not be disclosed to any party to the proceeding.

Premier/Attorney-General

Date—

To—
The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

______

Form 10

Regulation 14

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Applicant—

Respondent—

Other party—

Notice of Hearing

TAKE NOTICE THAT the application by

19 will be—

*heard by the Tribunal;

*the subject of a Preliminary Conference; (see section 38(1) of theAdministrative Appeals Tribunal Act 1984);

*the subject of a Directions Hearing; (see section 35(2) of theAdministrative Appeals Tribunal Act 1984)

at the Tribunal at

a.m./p.m. on 19 .

Registrar

Date—

To—
The Registrar
Administrative Appeals Tribunal
[address]
[telephone number]

* Delete where inapplicable.

______

Form 11 amended by S.R. No. 45/1997 reg.4.

Form 11

Regulation 17

ADMINISTRATIVE APPEALS 19 No.
TRIBUNAL Registry

Applicant—

Respondent—

To—

Summons to Appear

You are summoned pursuant to section 45(2) of the Administrative Appeals Tribunal Act 1984 to appear before the Administrative Appeals Tribunal at [address of Tribunal] at a.m./p.m. on [date], or, if notice of a later day is given to you by the [identify party seeking the attendance of the person summoned] or by the solicitor for that party, the later day, and until you are excused from further attending

* to give evidence; and

* to produce the following documents—

Registrar

Date—

* Delete where inapplicable.

Note: (a)Certain fees and allowances are payable to a witness pursuant to the Administrative Appeals Tribunal Regulations 1995 in the amounts prescribed under the Evidence (Crown Witnesses Allowances) Regulations 1992.[3]

(b)Failure to attend at the time and place specified above without reasonable excuse may render you liable to a fine of up to $1000 (10 penalty units) or imprisonment for up to three months under section 58 of the Administrative Appeals Tribunal Act 1984.

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ENDNOTES

Endnotes

1.General Information

The Administrative Appeals Tribunal Regulations 1995, S.R. No. 1/1995, were made on 17 January 1995 by the Governor in Council under section 66 of the Administrative Appeals Tribunal Act 1984, No.10155/1984 and came into operation on 17 January 1995.

The Administrative Appeals Tribunal Regulations 1995 will sunset 10 years after the day of making on 17 January 2005 (see section 5 of the Subordinate Legislation Act 1994).

2.Table of Amendments

This Version incorporates amendments made to the Administrative Appeals Tribunal Regulations 1995 by statutory rules, subordinate instruments and Acts.

Endnotes

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Administrative Appeals Tribunal (Summons to Appear) Regulations 1997, S.R.No.45/1997

Date of Making: / 3.6.97
Date of Commencement: / 3.6.97

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3.Explanatory Details

Endnotes

[1] Reg. 1: S.R. No. 15/1985: Revoked by virtue of section 5 of the Subordinate Legislation Act 1994.

[2] Reg. 18: S.R. No. 152/1992.

[3] Form 11: See note 2.