Name of the institution : Administrative Appeals Tribunal

Composition and structure
Court functions
Advisory functions

President :
The Honourable Justice Garry DOWNES, AM

Address :
President's Chambers
55, Market Street
Sydney New South Wales 2000
AUSTRALIA

Phone number :
+61 2 93 91 24 42

Fax :
+61 2 93 91 25 77

E-mail :
gd@aat.gov.au

Internet :
www.aat.gov.au

Composition and structure

Number of members :
76

Recruitment procedure and incompatibilities :
Members are appointed by the Governor General of Australia on the recommendation of the Government of Australia.

Members are selected by the Government from recommendations by the President of the Tribunal and from candidates presented to the Attorney-General of Australia by his own department.

Members are either lawyers or distinguished experts from other fields relevant to the work of the Tribunal such as medecine, accountancy, aviation, and the armed services.

Internal organization :
The Tribunal is managed by the President pursuant to the terms of the Administrative Appeals Tribunal Act 1975 which is the Act of the Parliament of Australia which constituted the Tribunal. In practice, the President delegates certain powers to Deputy Presidents of the Tribunal in each of the States and Territories of Australia.

Publications :
There is an Annual Report to the Attorney-General of Australia which is published.

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Court functions

Jurisdiction :
The Tribunal reviews the administrative decisions of the Government of Australia pursuant to provisions of Acts of the Commonwealth Parliament conferring the right of review. Approximately 400 separate provisions confer rights of review. The decisions subject to review include decisions of Ministers of State, intermediate review tribunals, statutory authorities, heads of Government Departments and other persons with delegated powers to exercise the administrative power of the Commonwealth of Australia.

Organization of the courts system :
The Administrative Appeals Tribunal is the supreme administrative tribunal in Australia. It hears appeals from other administrative appeal tribunals. It also has original jurisdiction. The decisions of the Tribunal can be reviewed for error of law, but on no other basis, by the Federal Court of Australia. The President of the Tribunal and nine presidential members of the Tribunal are also judges of the Federal Court. The Federal Court is not an administrative court. It is a civil court which has powers to review some administrative decisions for error of law. Its primary function is to resolve disputes as a court of law. In Australia, administrative courts and civil courts are not kept completely separate. There is an appeal from all decisions of the Federal Court to the High Court of Australia, which is the Constitutional Court of Australia as well as the equivalent of the Cour de Cassation. It also hears appeals from all the civil courts of the states and territories of Australia.

Powers of the judge :
The Administrative Appeals Tribunal is empowered to set aside administrative decisions and subtitute the correct or preferable decision itself or to remit the matter to the original decision maker for further consideration in accordance with its directions.

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Advisory functions

Existence and extent of an advisory authority :

The Government and the Attorney-General informally seek the advice of the President from time to time, but the Tribunal itself has no formal advisory function. That role is reserved for the Administrative Review Council which was also established by the Administrative Appeals Tribunal Act. The President of the Tribunal is ex officio a member of the Council.

Authority and publicity of advisory opinions :

The Administrative Review Council publishes reports and recommendations to the Australian Government both in response to requests from the Attorney-General and of its own motion.

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Miscellaneous remarks

The Administrative Appeals Tribunal is the supreme body in Australia which is solely concerned with administrative matters. It is also the supreme body in Australia which deals with administrative decisions as decisions. The ordinary civil courts have certain roles confined to errors of law but they have no administrative function. It is accordingly considered that the Administrative Appeals Tribunal is the appropriate Australian body to join the International Association of Supreme Administrative Jurisdictions.