Merits review proceedingsMerits review proceedings

Merits review proceedings

3 The obligation to act as a model litigant extends to Commonwealth agencies involved in merits review proceedings. 4 A Commonwealth agency should use its best endeavours to assist the tribunal to make its decision.

Note: The term ‘litigation’ is defined in paragraph 15 of these Directions in terms that encompass merits review before tribunals. There are particular obligations in relation to assisting a tribunal engaged in merits review to arrive at a decision. Commonwealth agencies should pay close attention to the legislation under which a tribunal is established, and any practice directions issued by the tribunal. In the case of the Administrative Appeals Tribunal see in particular subsection 33(1AA) of the Administrative Appeals Tribunal Act 1975 and the explanatory memorandum to the Administrative Appeals Tribunal Amendment Bill 2005.