UNSW Law Society - Public Interest Careers Guide 2020/2021

Page 17

Administrative Appeals Tribunal (AAT) About

The Administrative Appeals Tribunal (AAT) conducts independent

merits

review

of

administrative

decisions made under Commonwealth laws. The AAT

reviews decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government

and non-government bodies. They also review decisions made under Norfolk Island laws.

The AAT reviews decisions “on the merits�. This means

they take a fresh look at the relevant facts, law and policy and arrive at their own decision. In this regard, the

AAT operates differently to courts conducting judicial review. They must make the legally correct decision or,

where there can be more than one correct decision, the preferable decision.

Members don't necessarily have a legal background,

and can come from accountancy, disability, medicine, migraiton, public administration, science and social welfare.

What kind of work?

The AAT consists of the President and members who may be appointed as Deputy Presidents, senior members or

members. All members of the AAT are statutory office holders appointed by the Governor-General.

Tribunal members conduct merits review in the following areas:

- Freedom of information - Migration and refugees

- National Disability Insurance Scheme - Security

- Small business taxation

- Social services and child support - Taxation and commercial - Veteran's appeals

Location

Graduate Opportunities

The AAT offers Associate positions for graduates. The role

of an Associate is to undertake legal research, assist with

the preparation of hearings and publications of orders, decisions and reasons for decisions, pre-hearing liason

with parties and their representatives, drafting simple directions and interlocutory orders. Associate positions

are non-ongoing and can have a duration of between 12 months and three years.

The AAT also has an employment register to source employees for temporary work in areas including legal

and policy/research. Work is short-term or project-based and may be part-time or full-time.

To see when these positions are available, check here: https://aat.bigredsky.com/page.php?pageID=106"

Tribunal members conduct merits review in the following areas:

- Freedom of information - Migration and refugees

- National Disability Insurance Scheme - Security

- Small business taxation

- Social services and child support - Taxation and commercial - Veteran's appeals

Fun Fact / Recent Project

BHVN and Minister for Immigration

In this recent case, the AAT had to review a decision by

the Minister for Immigration to not revoke the mandatory cancellation of the applicant's spouse visa. The AAT

considered the impact that visa cancellation would

have on the applicant's family, along with their serious criminal history. Ultimately, the AAT upheld the decision

of the Minister and found the applicant was not of 'good character'.

All capital cities except Darwin

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