Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 1   Amendment of the Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

74   Subsections 37(1) to (1AB)

Repeal the subsections, substitute:

Decision-maker must lodge material documents

(1) Subject to this section, a person who has made a decision that is the subject of an application for review (other than second review) by the Tribunal must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal a copy 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) subject to any directions given under section 18B, every other document that is in the person's possession or under the person's control and is relevant to the review of the decision by the Tribunal.

(1AAB) Subject to this section, if the Tribunal has made a decision that is the subject of an application for second review:

(a) the person who made the decision that was reviewed by the Tribunal; or

(b) for an application referred to in paragraph 96A(a) or (c) of the Child Support (Registration and Collection) Act 1988 - the Registrar within the meaning of that Act;

must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal a copy of any document of a kind referred to in paragraph (1)(b) that is required to be lodged by a direction given under section 18B.

(1AA) The Tribunal may direct a person who is required to lodge a copy of a statement or document under subsection (1) or (1AAB) to lodge a specified number of additional copies with the Tribunal, within the specified period. The person must comply with the direction.

Document setting out reasons for decision may be lodged instead of statement

(1AB) The Tribunal may direct a person who is required to lodge a copy of a statement under paragraph (1)(a) to lodge instead of that statement a copy of a document setting out the reasons for the relevant decision, within the specified period. The person must comply with the direction.