fax, white male, 3d model

Source:  AAT

Administrative Appeals Tribunal

If you’re unhappy with your internal review you can apply for a review by the Administrative Appeals Tribunal (AAT) , which exists outside the NDIA.

You can’t ask the AAT to review a decision by the NDIA before there has been an internal review by the NDIA.

Source:  External Review AAT

What is external review?

External review is the process by which the AAT re-considers the facts, law and policy aspects of a decision and determines what the correct or preferable decision is.

Similar to an internal review, the AAT will put themselves in the shoes of the original decision maker and consider the decision from a fresh perspective. In doing so, the AAT will consider the same legal framework as the original decision maker, together with any additional information of relevance, and may exercise all the powers and discretions which were available to the original decision maker.

This type of review is often referred to as ‘merits review’ or a ‘de novo’ appeal. Merits review differs from a judicial review where a judge in a court can consider only whether the decision was correct in law. In merits review the reviewer is able to change the decision if there is a preferable decision, even where the decision being reviewed is legally valid.

See also what happens when a request for external review is made?