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Legislation and jurisdiction

Jurisdiction list

Decisions Subject To Review (Jurisdiction as at 31 March 2009) *

* This list includes those enactments which provide for advisory opinions. Advisory opinions are not decisions subject to review.

The Administrative Appeals Tribunal does not have a general power to review decisions made under Commonwealth legislation. The Tribunal can only review a decision if an Act, Regulation or other legislative instrument provides specifically that the decision is subject to review by the Tribunal. This list sets out the enactments pursuant to which decisions may be made that are subject to review by the Tribunal. It also provides a brief description of the decisions that the Tribunal may review.

The list is arranged alphabetically by the short title of the enactment and provides the following information.

  1. The short title of the enactment pursuant to which reviewable decisions are made is in bold type.

  2. The provision of the enactment or other enactment which provides that application may be made to the Tribunal for review is underlined. The number and year of the enactment which introduced these provisions and any enactments that have amended the provisions are noted in parentheses.

  3. The provisions of the enactment pursuant to which a reviewable decision may be made are noted in the left column.

  4. A brief description of the reviewable decisions is provided in the right column.

  5. Where the provisions of an Act or other enactment affecting the Tribunal's jurisdiction have not yet commenced, the relevant entries appear in italics. A note at the end of the entry indicates the commencement date.

  6. Where an enactment or a provision is to be repealed, the repealed enactment or provision is underlined with an explanatory note below. Where an enactment or a provision has been repealed, it will be underlined and italicised. The relevant enactment or provision will generally be removed from the jurisdiction list 3 months after the date of the repeal.

  7. Other information relevant to an entry, including any variation to the standard 28-day time limit for lodging an application for review is set out in a note below the particular entry.

The Tribunal's Policy and Research Section maintains this list. Any queries in relation to the list should be sent to aatweb@aat.gov.au. An updated version of the list is generally published on a quarterly basis.

 

Disclaimer: This publication does not purport to be a determination of whether any matter falls within the AAT's jurisdiction. A conclusive determination as to whether the AAT is able to review a particular decision can only be made once the AAT has received an application for review. Therefore, if you are unsure about whether a decision falls within the AAT's jurisdiction, an application for review should be lodged with the Tribunal for a determination and/or independent legal advice sought.

 

  • Download the Jurisdiction List (PDF version): this list sets out the Commonwealth enactments which give the Tribunal power to review decisions as at 31 March 2009. The list is a PDF file, containing 221 pages and a file size of 957KB.
  • Download the Jurisdiction List (Word version): this list sets out the Commonwealth enactments which give the Tribunal power to review decisions as at 31 March 2009. The list is a Word file, containing 221 pages and a file size of 2.45MB.