Introduction
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Transcript of Introduction
ADMINISTRATIVE APPEALS TRIBUNAL - BUILDING ON 30 YEARS OF
INDEPENDENT MERITS REVIEW
The Hon. Justice Garry Downes AMPresident
Administrative Appeals Tribunal
Introduction
• 30 years of review by the AAT
• Issues relating to veterans’ entitlements and military compensation applications
• Developments in alternative dispute resolution
• Expert evidence
Practice and Procedure Issues
• Jurisdiction and workload in relation to military compensation and veterans’ entitlements
• Differences between applications under the Safety, Rehabilitation and Compensation Act 1988 and the Veterans’ Entitlements Act 1986 relevant to Tribunal review
• Impact of commencement of the Military Rehabilitation and Compensation Act 2004
Practice and Procedure Issues
• General review of practice and procedure at the Tribunal
– Limitations of the General Practice Direction
– Proposal for improving communication of Tribunal expectations and requirements
– Development of jurisdiction-specific guides
– Timetable for review of major jurisdictions
Practice and Procedure Issues
• Review of veterans’ entitlements and military compensation decisions
– General review to be undertaken of how these applications are best managed
– Direction that all applications to be dealt with in the Veterans’ Appeals Division
– Proposal to rename the Veterans’ Appeals Division as the Veterans’ and Military Compensation Division
Alternative Dispute Resolution
• Amendments to the Act in 2005
• Five ADR processes now available: conferences, conciliation, mediation, case appraisal and neutral evaluation
• Implementation of amendments
– Development of process models for each type of ADR
– Development of referral guidelines
Alternative Dispute Resolution
• Tribunal approach to use of conferencing and other forms of ADR
• Roll-out and evaluation of ADR changes
• Scope for use of new forms of ADR in military compensation and veterans’ entitlements applications
Expert Evidence
• The value of single or court-appointed experts
– Perceived problems with expert evidence
– Decision-making and the role of expert evidence
– Issues relating to use of single experts
– Clarification of Tribunal expectations in relation to the use of experts
Expert Evidence
• Concurrent evidence
– Use of concurrent evidence in the Tribunal and its benefits
– Tribunal study and its findings
– Development of guidelines relating to the use of concurrent evidence
Conclusion