The tables provide the details which have been requested by the Deputy from 2012 to date in 2017.
The figures provided in the tables for appeals which had a favourable outcome for the appellant relate to appeals which were either allowed in full or in part by an Appeals Officer, or which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer/Designated Person.
There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was incorrect. It is often the case that new evidence is provided with an appeal and that, as a result, the original decision may be revised by the Deciding Officer or Designated Person. This was the case in 35 per cent of favourable appeal outcomes in 2015 (5,200 cases), some 37 per cent of favourable appeal outcomes in 2016 (5,100 cases) and some 39.8% of favourable appeals to date in 2017 (2,253 cases).
Where the decision was not revised by the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds and in addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.
The time taken to process an appeal reflects all aspects of the appeal process including the time spent in the Department preparing the appeal submission. The quasi-judicial nature of the system impacts on appeal processing times which are proportionate to the complexity of many of the issues under appeal which often require a high level of judgement, in addition to the need to ensure due process and natural justice.
Overall appeal processing times peaked in 2011/2012 and have improved year on year since then. For example, the average time taken to determine an appeal requiring an oral hearing reduced from 52.5 weeks in 2011 to 28.6 weeks in 2014, 25.5 weeks in 2015, 24.1 weeks in 2016 and 25 weeks to date in 2017. The average time taken to finalise an appeal decided by way of a summary decision reduced from 25.1 weeks in 2011 to 21.1 weeks in 2014, 18.1 weeks in 2015, 17.6 weeks in 2016 and 18.5 weeks to date in 2017.
Notwithstanding these improvements, the Chief Appeals Officer has advised me that appeal processing times will continue to be a priority for her office and will continue to be monitored on an ongoing basis.
I trust this clarifies the matter for the Deputy.
Appeal Receipts and Percentage of Favourable Decisions of Appeals Finalised 2012 – 2017
|
Appeal Receipts
|
Appeals
Finalised
|
Favourable Decisions
|
Appeals Disallowed
|
Withdrawn
|
2012
|
35,484
|
32,558
|
50.4%
|
42.6%
|
7.0%
|
2013
|
32,777
|
38,421
|
55.0%
|
39.0%
|
6.0%
|
2014
|
26,069
|
31,211
|
56.5%
|
37.7%
|
5.8%
|
2015
|
24,475
|
25,406
|
58.8%
|
36.1%
|
5.1%
|
2016
|
22,461
|
23,220
|
59.2%
|
35.9%
|
4.9%
|
2017
|
10,481
|
9,707
|
58.4%
|
35.5%
|
6.2%
|
Appeal Processing Times 2012– 2017
|
Average processing times (weeks)
Summary Decisions
|
Average processing times (weeks)
Oral Hearings
|
2012
|
27.8
|
39.5
|
2013
|
25.8
|
33.9
|
2014
|
21.1
|
28.6
|
2015
|
18.1
|
25.5
|
2016
|
17.6
|
24.1
|
2017 (to 30/6/2017)
|
18.5
|
25.0
|