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An aviation researcher, writer, aviation participant, pilot & agricultural researcher. Author of over 35 scientific publications world wide.

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The AAT

AAT – Administrative Appeals Tribunal:

The Administrative Appeals Tribunal (AAT) provides independent review of a wide range of administrative decisions made by the Australian Government and some non-government bodies. The AAT also reviews decisions of the Norfolk Island Government.

The AAT aims to provide fair, impartial, high quality and prompt review with as little formality and technicality as possible. Both individuals and government agencies use the AAT’s services.

Review of decisions

The Tribunal reviews a wide range of administrative decisions made by Australian Government ministers, departments and agencies, including some other tribunals. The Tribunal also reviews decisions of the Norfolk Island Government. In limited circumstances, the Tribunal can review administrative decisions made by state government and non-government bodies.

Merits review of an administrative decision involves considering afresh the facts, law and policy relating to that decision. The Tribunal considers the material before it and decides what is the correct – or, in a discretionary area, the preferable – decision. It will affirm, vary or set aside the decision under review.

The Tribunal is not always the first avenue of review of an administrative decision. In some cases, the Tribunal cannot review a decision until there has been an internal review of the primary decision. In other cases, review by the Tribunal is only available after intermediate review by a specialist tribunal – for example, an application for review of a family assistance or social security decision may be made only after review by the Social Security Appeals Tribunal.

Section 33 of the Administrative Appeals Tribunal Act requires that proceedings of the Tribunal be conducted with as little formality and technicality, and with as much expedition, as the requirements of the Act and a proper consideration of the matters before the Tribunal permit. The Tribunal is not bound by the rules of evidence and can inform itself in any manner it considers appropriate.

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The following give a few articles that will assist in understanding why the AAT route is fraught with danger when dealing with a CASA decision. In many cases as the “rules of evidence” are not followed by the AAT, resulting in biased or absurd decisions.

The Court system must follow “rules of evidence”.

The Administrative Appeals Tribunal of Australia the first decade – Peiris – 2006 – Legal Studies – Wiley Online Library 12 Federal Law Review 1981 Administrative Review before the Administrative Appeals Tribunal – A Fresh Approach to Dispute Resolution – Part I Blackwell, James — A Discussion of the Duty and Jurisdiction of the Courts to Review Administrative Decisions [2003] QUT Law Journal 182

12 Federal Law Review 1981 Administrative Review before the Administrative Appeals Tribunal – A Fresh Approach to Dispute Resolution – Part I

Blackwell, James — A Discussion of the Duty and Jurisdiction of the Courts to Review Administrative Decisions [2003] QUT Law Journal 182