Last updated 30 August 2016

An application for review of a decision may be made by, or on behalf of, any person whose interests are affected by the decision (s 27 Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act)). There is no requirement that the effect of the decision be adverse to the person making the application, as is the case under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and the Judicial Review Act 1991 (Qld). The interest affected does not have to be a legal interest, nor does the person making the application have to show any legal ownership.

Section 27 of the AAT Act also provides that an organisation or association of persons, whether incorporated or not (e.g. community groups and public interest organisations) may have standing to seek review of a decision before the Administrative Appeals Tribunal if it relates to a matter included in the objects or purposes of the organisation or association. An organisation or association cannot seek review of a decision made before the organisation or association came into existence or before its objects or purposes included the matter concerned.

An application for a review of a security decision can only be brought by a person who is the subject of an Australian Security Intelligence Organisation security assessment (s 27AA AAT Act).