Administrative Appeals Tribunal
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By: Dennis Charles Pearce
The use of tribunals to review the merits of government decisions is now an established part of Australia's system of government. The first, and still most significant, of these tribunals is the Commonwealth Administrative Appeals Tribunal (AAT). The practice and procedure developed by the AAT for reviewing administrative decisions on their merits plays a significant role in Commonwealth government decision-making. It has provided the precedent for similar bodies that now exist in all Australian jurisdictions.Written by Australia's leading authority on the work of the AAT, this book provides a detailed exposition of the jurisprudence of the AAT. The book constitutes a clear and comprehensive treatment of the organisation, its jurisdiction and its procedures and provides essential guidance to anyone who is applying to, or appearing before, the Tribunal.Because of the primacy of the AAT among Australian tribunals, the book will also provide guidance to persons using the equivalent bodies in other jurisdictions. The relevant sections of the Administrative Appeals Tribunal Act 1975 (Cth) are included in the book for ease of reference.This third edition of the book includes commentary on the legislative changes made since the last edition and notes and comments on the numerous decisions of the AAT and the Federal Court given since then.This is an essential work for practitioners, tribunal members, government decision-makers and others requiring a detailed yet accessible, treatment of the practice and procedure of the AAT. As well as for lawyers, the book is a valuable resource for government departments and associated bodies and welfare organisations. Since an understanding of the AAT and like tribunals is a significant aspect of the study of administrative law and government decision-making, the book provides a vital research tool for students of those areas. Click here to read the review first published in ETHOS - December 2013 Journal of ACT Law SocietyFeatures* Currently the only book that deals exclusively with this subject.* Is a comprehensive survey of the whole case law.* The previous editions of the book have been used extensively by practitioners and Tribunal members.* Presents detailed information coherently and authoritatively.Related LexisNexis TitlesCreyke and McMillan, Control of Government Action: Text, Cases and Commentary, 3rd ed 2012Pearce and Argument, Delegated Legislation in Australia, 4th ed, 2012Pearce, Australian Administrative Law (looseleaf)
AI Overview
The book "Administrative Appeals Tribunal" by Dennis Charles Pearce is a comprehensive legal text that provides an in-depth analysis of the Administrative Appeals Tribunal (AAT) in Australia. Here is a detailed overview of the book:
Key Themes
- History and Jurisdiction: The book explores the historical context and jurisdiction of the AAT, highlighting its role in reviewing administrative decisions made by government agencies.
- Procedure for Review: It delves into the procedures for reviewing administrative decisions, including the steps involved in appealing such decisions to the AAT.
- Relevant Case Law: The text includes commentary on relevant case law, providing a thorough understanding of the jurisprudence of the AAT.
- Legislative Changes: The third edition of the book includes commentary on legislative changes made since the previous edition, ensuring that the information remains up-to-date and relevant.
Plot Summary
The book is structured to provide a detailed exposition of the AAT's functions and operations. It begins with an overview of the tribunal's history and its jurisdictional scope. The main body of the text covers the procedures for reviewing administrative decisions, including the grounds for appeal and the process of hearing appeals. The book also includes an analysis of relevant case law, which helps readers understand how the AAT has interpreted its jurisdiction and procedures over time.
Critical Reception
While specific reviews of the book are not readily available, the book's reputation as a leading authority on the AAT suggests that it has been well-received by legal scholars and practitioners. The inclusion of an index and the fact that it has been updated to reflect legislative changes indicate that the book is considered a reliable and comprehensive resource in the field of administrative law.
Editions
The book has been published in multiple editions:
- 1st Edition: Not specified in the search results.
- 2nd Edition: Published in 2007 by LexisNexis Butterworths, this edition includes a detailed exposition of the AAT's jurisprudence and procedures.
- 3rd Edition: This edition includes commentary on legislative changes made since the last edition and notes on numerous decisions of the AAT.
Availability
The book is available for purchase through various sources, including online bookstores and academic publishers. It can also be requested for viewing in the library's reading room.
In summary, "Administrative Appeals Tribunal" by Dennis Charles Pearce is a seminal work in the field of administrative law, providing a comprehensive understanding of the AAT's history, jurisdiction, procedures, and relevant case law. Its critical reception is positive, reflecting its status as a leading authority on the subject.