Tuesday, 16 June 2020
Administrative Appeals Tribunal; Order for the Production of Documents
At the request of Senator Watt, I move:
(1) There be laid on the table by the Minister representing the Attorney-General, by no later than 9 am on 30 July 2020, a copy of each decision by the Social Services & Child Support Division of the Administrative Appeals Tribunal (AAT) dated between 1 July 2015 and 27 November 2019 (with any redactions that are necessary to protect personal privacy) in which a Member of the AAT determined that: for the purpose of sections 1222A(a) and 1223(1) of the Social Security Act 1991, no debt or debt component is able to be founded on the basis of extrapolations from Australian Taxation Office records (however expressed).
(2) If the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under Standing Order 166.
The motion represents an unreasonable diversion of the AAT's resources. The AAT does not record information in its case management system that would enable it to easily identify cases falling within the scope of the motion. The AAT would need to individually review all decisions made by the tribunal during that period, from 1 July 2015 to 27 November 2019, where the tribunal set aside a debt decision made by Centrelink. The AAT has previously advised, in response to a question on notice dated 3 March 2020, listed as LCC-AE20-59, that a request for a more limited subset was 'an unreasonable diversion of resources'.