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ADMINISTRATIVE APPEALS TRIBUNAL - BUILDING ON 30 YEARS OF INDEPENDENT MERITS REVIEW The Hon. Justice Garry Downes AM President Administrative Appeals Tribunal. Introduction. 30 years of review by the AAT Issues relating to veterans’ entitlements and military compensation applications

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ADMINISTRATIVE APPEALS TRIBUNAL - BUILDING ON 30 YEARS OF INDEPENDENT MERITS REVIEWThe Hon. Justice Garry Downes AMPresidentAdministrative Appeals Tribunal

introduction
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
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 issues1
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 issues2
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
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 resolution1
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
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 evidence1
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