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www.aat.gov.au 
Integrated Dispute Resolution at 
the AAT 
Justin Toohey, Director ADR
Sometimes we make the news … 
Knee claim puts workplace injury row on new footing Canberra Times, Friday 4 July 2014, Page...
… but mostly we just get on with it 
•Since 1975, now more than 400 pieces of legislation allow for merits review of Commo...
% matters finalised without hearing 
4 
Jurisdiction 
10–11 
11–12 
12–13 
13–14 
All 
79 
79 
79 
82 
Social security 
76...
Types of processes used 
5 
Event type 
10–11 
11–12 
12–13 
13–14 
Conferences 
6,897 
6,761 
7,606 
7,636 
Case appraisa...
A word about conferencing 
•Blend of ADR and case management 
•Conducted by 10 FTE Conference Registrars 
•On average: 
 ...
Some challenges 
•9% increase in lodgements in 2012-13 
•11% increase in lodgements in 2013-14 
•500 more self-represented...
Integrated Dispute Resolution 
Registry Staff 
Models 
Data 
Policy 
Parties 
Executive 
Online Tools 
Experts 
Systems 
M...
Recent projects 
•ADR guidelines on good faith and confidentiality 
•Negotiating Outcomes On Time (Noot) competition 
•Imp...
justin.toohey@aat.gov.au
Topics for discussion 
1.“Doctor, doctor, I can’t bear this evidence!” 
What is the best process you have come across for ...
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2014 Justin Toohey Integrated Dispute resolution at the Administrative Appeals Tribunal

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2014, National Mediation Conference, Melbourne

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2014 Justin Toohey Integrated Dispute resolution at the Administrative Appeals Tribunal

  1. 1. www.aat.gov.au Integrated Dispute Resolution at the AAT Justin Toohey, Director ADR
  2. 2. Sometimes we make the news … Knee claim puts workplace injury row on new footing Canberra Times, Friday 4 July 2014, Page 2 Lawyers are comparing the latest Canberra case with the infamous ‘‘sex- in-the-motel’’ compensation claim that last year went all the way to the High Court. Sharks take the bait Courier Mail, Friday 22 August 2014, Page 96 Some past and present Cronulla players are set to accept ASADA’s 12- month backdated suspension. However, turning one’s back on the ASADA olive branch means players must contest their show cause notices in either the AAT or the Federal Court. Indian giant overhauls local empire The Australian, Wednesday 23 July 2014, Page 17 Indian mining giant Adani Group is embarking on a sweeping overhaul of its Australian resources empire as it drafts in investment banks for a potential sell down of its $2 billion Abbot Point coal port in Queensland.
  3. 3. … but mostly we just get on with it •Since 1975, now more than 400 pieces of legislation allow for merits review of Commonwealth decisions •The Tribunal must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.
  4. 4. % matters finalised without hearing 4 Jurisdiction 10–11 11–12 12–13 13–14 All 79 79 79 82 Social security 76 77 76 77 Veterans’ affairs 73 73 71 72 Workers’ compensation 87 87 87 86 Taxation 85 79 85
  5. 5. Types of processes used 5 Event type 10–11 11–12 12–13 13–14 Conferences 6,897 6,761 7,606 7,636 Case appraisals 4 4 3 3 Conciliations 527 469 485 555 Mediations 38 49 42 39 Neutral evaluations 57 39 32 22 Interlocutory hearings 380 373 437 524 Hearings 1,166 931 1,011 1,083
  6. 6. A word about conferencing •Blend of ADR and case management •Conducted by 10 FTE Conference Registrars •On average:  2 conferences per application  less than 1 hour per application •High user satisfaction •Highly flexible and adaptable 6
  7. 7. Some challenges •9% increase in lodgements in 2012-13 •11% increase in lodgements in 2013-14 •500 more self-represented applicants •New NDIS jurisdiction •Opening up of workers compensation jurisdiction •Amalgamation •A goose that lays golden eggs (Ha!) 7
  8. 8. Integrated Dispute Resolution Registry Staff Models Data Policy Parties Executive Online Tools Experts Systems Members ADR Integrated Dispute Resolution
  9. 9. Recent projects •ADR guidelines on good faith and confidentiality •Negotiating Outcomes On Time (Noot) competition •Improved performance data •Mediator accreditation as an RMAB •Piloting new processes •Tax case management •Time targets in compensation matters •NDIS practice direction •Triage teams •Fast-track and bulk-list hearings
  10. 10. justin.toohey@aat.gov.au
  11. 11. Topics for discussion 1.“Doctor, doctor, I can’t bear this evidence!” What is the best process you have come across for managing conflicting expert evidence? 2. “Wow, I can’t believe it’s non-binding!” What is the most critical factor in ensuring that a non- binding evaluation will be accepted by all the parties? 3.“Oh darling, if only you’d asked …” If you had only one question you could ask in preparing a party for ADR, what would it be?

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