Disability Policy and Procedures with hearing participants who have a disability

Keith Owen made this Freedom of Information request to Administrative Appeals Tribunal

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Administrative Appeals Tribunal,

I would like to access the AAT's internal procedure instructions or guide, written policy, in relation to the following:

Assisting hearing participants who have a disability that may impact on their ability to:

1. attend a hearing

2. participate in a hearing when they are self represented

3. have stated they have difficulty providing evidence

4. have indicated that their disability may impact on their psychological health

5. have indicated that they are impaired with respect to being able to respond to questioning or when providing oral evidence

Examples of some conditions (not exhaustive) that may lead to the above scenarios include:

Brain damage, brain tumors, psychiatric conditions, heart conditions, psychological conditions.

What documentation does the AAT have that indicates its compliance with the provisions of the Disability Discrimination Act and the obligations for Australian Government entities to apply legislation that does not disadvantage people who have a disability?

What steps does the AAT take to ensure it does not discriminate against people who have a disability?

Yours faithfully,

Keith Owen

FOI, Administrative Appeals Tribunal

Dear Mr Owen,

I refer to your email requesting documents under the Freedom of Information Act (FOI Act).

To assist us with processing your application, I would like to clarify the scope of your request.

I have interpreted your request to be as follows:

1. Documents relating to AAT's internal procedures, instructions, guides or written policies in:

a. assisting participants with disabilities who:

i. are attending a hearing;
ii. are participating in a hearing when they are self represented;
iii. have stated that they have difficulty providing evidence;
iv. have stated that their disability may impact on their psychological health; and
v. have indicated with the Tribunal that they have trouble responding to questions or providing oral evidence in the hearing.

‘disabilities’ may include conditions such as: brain damage, brain tumors, psychiatric conditions; heart conditions; psychological conditions.

2. AAT documents demonstrating:

a. its compliance with provisions of the Disability Discrimination Act 1992 (Cth);
b. its obligations to apply legislation that does not disadvantage people who have a disability.

3. AAT documents demonstrating the steps taken to ensure that it does not discriminate against people who have a disability, including but not limited to the conditions mentioned above.

I would be grateful if you could confirm the above as soon as practicable. Thank you very much.

Kind regards,

Angela
Legal & Policy Officer

Administrative Appeals Tribunal
Principal Registry, Sydney
Legal & Policy
E: [AAT request email]

www.aat.gov.au

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Dear FOI,

Thank you for your clarifying response to my request.

You are correct in your clarification, and the scope for my application is as you have stated.

Thank you.

Yours sincerely,

Keith Owen

FOI, Administrative Appeals Tribunal

1 Attachment

Dear Mr Owen,

 

Thank you for your email of 4 July 2018.

 

Please find attached our letter acknowledging your FOI request.

 

Kind regards,

 

Angela Leung

Legal & Policy Officer        

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

 

show quoted sections

FOI, Administrative Appeals Tribunal

16 Attachments

Dear Mr Owen,

 

Please find attached the decision letter in relation to your FOI request
and the released documents.

 

Kind regards,

 

Angela Leung

Legal & Policy Officer        

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

 

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