Fee waiver guide - Administrative Appeals Tribunal
This factsheet explains when fees are not payable for Administrative Appeal Tribunal (AAT) proceedings and the process for getting fees that are payable reduced or deferred.
Applicable fees for the AAT are set out in the Administrative Appeals Tribunal Regulations 1976. The only fee usually payable is an application fee.
Current fees are set out on the AAT's website.
Fee exemption and reduction
The rules relating to fee exemption and waiver are in the Administrative Appeals Tribunal Regulations 1976. The relevant regulations are:
- Regulation 19: Prescribed fees - general
- Regulation 19AA: Prescribed fees - Part IIIAA taxation decisions
- Regulation 20: Review by Tribunal
- Schedule 3: Prescribed decisions for the purposes of regulation 19
Fees not payable
An application fee is not payable where:
- The decision for review is:
- a decision specified in Schedule 3 of the Administrative Appeals Tribunal Regulations 1976 which generally includes decisions about Commonwealth workers' compensation, social security payments and veterans' entitlements;
- a decision reviewable under section 55 of the Freedom of Information Act 1982, being a decision made in relation to a document that relates to a decision specified in Schedule 3.
- The decision has been referred to the Tribunal where a fee is payable under that or another enactment on the lodgment of a request to refer the decision to the Tribunal.
A reduced fee of $100 is payable instead of the application fee if:
- The person liable to pay the fee has been granted legal aid for the matter to which the fee relates; OR
- The person is:
- The holder of a health care card, a health benefit card, a pensioner concession card or a Commonwealth seniors health card; or
- The holder of any other card issued by the Department of Social Security or the Department of Veterans' Affairs that certifies entitlement to Commonwealth health concessions; or
- an inmate of a prison or otherwise lawfully detained in a public institution; or
- a child under the age of 18 years; or
- receiving youth allowance or an Austudy payment; or
- receiving ABSTUDY benefits; OR
- The Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, forms the opinion that payment of the fee would cause financial hardship to the person.
When a full application fee is paid, most of it is refunded if the application is resolved in the favour of the applicant. The refund amount is the difference between the fee paid and $100.
No refund is made if the reduced application fee is paid of if the application was dealt with in the Small Taxation Claims Tribunal.
The application form for reduction of the application fee is on the AAT's website. If a reduction is being requested on the grounds of financial hardship then the Statement of Financial Position included in the application form should be completed.
The Registrar's decision will usually be made within 3 working days and the applicant notified by letter. (Given that there is a time limit within which an applicant may request review of a decision, the applicant may need to apply for an extension of time within which to lodge the application for review while the Registrar makes his or her decision regarding fees.)
The decision of the Registrar may be appealed within 28 days to a member of the AAT. Appeals require payment of a fee. The fee may be refunded if the member of the AAT makes a final decision in the applicant's favour.
Administrative Appeals Tribunal
Level 6 <b /> 295 Ann St
Brisbane QLD 4000
1800 228 333
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