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The process of reviewing or appealing the decision of a federal administrative agency usually begins within the agency itself. Before a party might be able to challenge the decision in an actual court, they typically must file an appeal within the administrative agency that issued the decision.
Tribunals are specialist judicial bodies which decide disputes in a particular area of law. Most tribunal jurisdictions are part of a structure created by the Courts and Enforcement Act 2007.They hear about a million cases each year, more than any other part of the justice system.
Objective for the establishment of Administrative Tribunals To relieve congestion in courts or to lower the burden of cases in courts. To provide for speedier disposal of disputes relating to the service matters.
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies.
After an Administrative Law Judge renders his or her final decision, the parties to the matter may file an appeal. Most agencies maintain specific procedures for appealing a decision, and the appeal is usually handled within that agency.
The role of the Tribunal in the system of administrative law is to review administrative decisions on the merits: that is, to consider afresh the facts, law and policy relevant to a decision under review and decide whether that decision should be affirmed, varied or set aside.
The administrative appeal is a request addressed to a public authority by which the aggrieved/inter- ested person demands administrative measures to be taken regarding an administrative act: annul- ment, modification, or even issuance of a new act (when the latter has been refused by the administration).
Administrative tribunals are set up to be less formal, less expensive, and a faster way to resolve disputes than by using the traditional court system. Tribunal members who make decisions (adjudicators) usually have special knowledge about the topic they are asked to consider.