Disability Policy and Procedures with hearing participants who have a disability

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

The request was partially successful.

From: Keith Owen

Delivered

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

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From: 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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From: Keith Owen

Delivered

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

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From: FOI
Administrative Appeals Tribunal


Attachment 2017 18 88 Acknowlegment letter.pdf
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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

 

 

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From: FOI
Administrative Appeals Tribunal


Attachment 2017 18 88 Decision Letter.pdf
390K Download View as HTML

Attachment 1.Ch 1 General administration released.pdf
28K Download View as HTML

Attachment 2.Ch 2 Receiving registering and checking an application released.pdf
34K Download View as HTML

Attachment 3.Ch 3 Acknowledging receipt released.pdf
233K Download View as HTML

Attachment 4.Ch 8 Hearing related procedures released.pdf
87K Download View as HTML

Attachment 5.Ch 11 Managing applications in the NDIS Division released.pdf
1.2M Download View as HTML

Attachment 6.Disability Types for TRACS released.pdf
30K Download View as HTML

Attachment 7.NDIS Guidelines Conduct of hearings released.pdf
191K Download View as HTML

Attachment 8.Practice Direction Review of NDIS Decisions released.pdf
187K Download View as HTML

Attachment 9.AAT Accessibility Strategic Statement 2017 2020 with Strategic Plan released.pdf
531K Download View as HTML

Attachment 10.Accessibility page on AAT website released.pdf
62K Download View as HTML

Attachment 11.AAT Intranet Corporate Accessibility released.pdf
84K Download View as HTML

Attachment 12.AAT Service Charter released.pdf
155K Download View as HTML

Attachment 13.Guidelines on Vulnerable Persons released.pdf
286K Download View as HTML

Attachment 14.Pre hearing Checklist for Contact with Unrepresented Parties released.pdf
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Attachment 15.NDIS Principles released.pdf
100K Download View as HTML


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

 

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

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2. http://www.aat.gov.au/

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