FOI 24/25-1284
DOCUMENT 5
AAT Case Management Guide
Model Litigant Obligations (MLO)
OFFICIAL For Internal Use Only
Field Content Reference Documents Title Model Litigant Obligations (MLO) This d t is part of ite of guid is document is part of a suite o gui ance Appendix B to the Legal documents for case managers to use in formulating : ; . sega“ . ee Services Directions their approach to managing individual cases before 2017. 02C~Oi«<it‘C:*:*W Purpose the Administrative Appeals Tribunal (AAT). — Participant Servi This Guide outlines the Model Litigant Obligations aoa . . : harter, page 9 that the NDIA is required to comply with. 5 This Guide applies nationally to the conduct o cope matters within the AAT Case Management e e possible, ion in all cases Current on before National mai ; Appendix B to the Legal Disability rnative dispute resolution | services Directions Insurance propriate, ae 2017 sible to avoid litigation, Agenc Participant Service
polic subjed
ot requiring the other party to prove
a matter which the Commonwealth
or the Agency knows to be true;
Oo not contesting liability if the Commonwealth or the Agency knows that the dispute is really about quantum;
oO not taking advantage of a claimant who lacks the resources to litigate a matter;
Oo not relying on technical defences unless the Commonwealth’s or the Agency’s interests would be
Charter, page 9
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FOI 24/25-1284
AAT Case Management Guide Model Litigant Obligations (MLO)
OFFICIAL For Internal Use Only
prejudiced by the failure to comply with a particular requirement; and
© not undertaking and pursuing appeals unless the Agency believes that it has reasonable prospects for success, or the appeal is otherwise justified in the public interest; and
apologising where the Commonwealth or the Agency is aware that it or its lawyers have acted wrongfully or improperly.
NDIA Posture in relation to this subject
become aware of the allegation Legal Services MLO Team.
The manner in which the
may refer to an external estigation. Case Managers and be asked to provide information
The MLO team is also responsible for reporting all alleged or proven MLO issues — whether identified through external communications or through internal processes — to the Office of Legal Services Directions (OLSD) annually. The MLO team is also required to report to OLSD on any significant issues and emerging trends as they arise.
NDIA Model Litigant Obligations: Breaches,
Themes and Learnings
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FOI 24/25-1284
AAT Case Management Guide
Model Litigant Obligations (MLO)
OFFICIAL For Internal Use Only
Other considerations
Document admin
Quality, Reporting, Strategy and Training
20 June 2023
Approved
Branch Manager, AAT Case Management
3
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