The AAT and VCAT have the power to:
- affirm a decision under review;
- vary the decision under review;
- set aside the decision under review and make a new decision or compel the authority to make a new decision in accordance with directions given by the Tribunal; or
- dismiss the application for review.
For example, the AAT has power to waive a social security debt (in certain limited circumstances).
Both the AAT and VCAT are under an obligation to give reasons for their decisions and findings of fact, subject to specified exceptions in the relevant Act. If requested they must give written reasons (s.43 AAT Act; s.117 VCAT Act). (Also see: "Obtaining reasons for government decisions" in Chapter 21*1 Administrative Law.)
Note: In certain cases VCAT must apply stated government policy (s.57 VCAT Act).
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REMEDIES :: Last updated: Thu Jul 1st 2010