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HOW DO YOU APPLY?

Tom Hurley, Barrister

Applications to the Tribunals have to be set out in writing and may be made on forms available from VCAT or the Deputy Registrar of the AAT (addresses given above). An application fee of $777 (from 1 July 2010) is payable to the AAT in many cases (check with the AAT), but may be waived if you provide evidence of financial hardship or refunded if you are successful.

The VCAT is organised into a number of "Lists" or sections that specialise in particular types of cases. There are variations in practice between the Lists. Fees at VCAT also vary for each List: the basic fee is $307.10. Fees may be waived for financial hardship.

The grounds of the application should be set out and it should be sent to the relevant Tribunal within 28 days of the day on which the decision was made known to you. Time limits in the AAT do vary and can be between seven days and six months from the decision, so the time limit should be checked on the AAT website.

The Tribunal will then notify the authority which made the decision that an application for review has been made. The time for applying may be extended (s.29 AAT Act; s.126 VCAT Act); application should be made on a special form available from the Tribunal. Rules about method of application and time limits will be issued by the Rules Committee. Most administrative review matters are heard as part of the General List. Applicants should refer to the Practice Notes governing this list as a further guide. These are available on the AAT and VCAT websites. Applicants should seek the assistance of the Registrar.

The Tribunal gives each application a separate reference number, which must be used in all further contact with the Tribunal about the matter. If an applicant decides not to proceed with the application, the Tribunal should be notified in writing.

Does the application stop the decision taking effect?

The application for review does not act as an automatic stop to the implementation of the decision made, but the person affected may apply to the AAT or VCAT to have a postponement on the implementation of the decision. This should be made on the official form (s.41 AAT Act; s.50 VCAT Act).

HOW DO YOU APPLY? :: Last updated: Thu Jul 1st 2010