Question: what legislation backs up this answer: (i) Yes, Mr. Wilton can seek a review of the AHRC decision in the Administrative Appeals Tribunal (AAT). The
what legislation backs up this answer: (i) Yes, Mr. Wilton can seek a review of the AHRC decision in the Administrative Appeals Tribunal (AAT). The AAT is an independent body that reviews administrative decisions made by Australian Government ministers, departments, agencies, and some other tribunals.
(ii) The AAT conducts a 'merits review' of the decision. This means that it looks at the facts, law, and policy aspects of the decision and makes what it believes is the 'correct or preferable' decision. It is not a review of the process by which the decision was made, but rather a fresh look at the merits of the case.
(iii) The 'scope' of the review conducted by the AAT is broad. It can consider all relevant material, including new evidence that was not available at the time the original decision was made. It can affirm, vary, set aside, or substitute the original decision, or remit the matter to the original decision-maker with directions.
(iv) The advantage of commencing a review in the AAT as compared with some other form of proceeding in a court is that the AAT is generally less formal, less expensive, and quicker than court proceedings. The AAT also has expertise in the specific areas of law relevant to the decisions it reviews.
(v) While the AAT will primarily focus on the issues raised by the parties, it is not strictly limited to these issues. The AAT has the power to consider any issue it thinks relevant, even if it was not raised by the parties. However, in practice, the AAT will usually focus on the issues that the parties have identified as being in dispute.
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