Abeysinghe Herath Mudiyanselage and Secretary, Department of Social Services (Social services second review)

This matter concerned an application before the Administrative Appeals Tribunal (AAT) brought by Abeysinghe Herath Mudiyanselage (the applicant) against the Secretary, Department of Social Services (the respondent). The applicant objected to the respondent being legally represented at the hearing, seeking instead that the respondent appear in person or be represented by a non-lawyer officer. The applicant also sought to have the respondent's legal representation disallowed.

The primary legal issues before the Tribunal were whether the applicant was afforded procedural fairness, particularly in relation to his objection to the respondent's legal representation, and whether there were exceptional circumstances justifying the reinstatement of a jobseeker payment that had been cancelled due to the applicant's failure to report. The Tribunal was also required to determine if another remedy was available to the applicant.

The Tribunal reasoned that parties to proceedings before it are entitled to represent themselves or be represented by an advocate or lawyer. It offered the applicant an adjournment to seek legal representation, which the applicant declined. The Tribunal concluded that the applicant's condition that the respondent not be legally represented was "intolerable" and that the applicant had been afforded procedural fairness. The Tribunal was satisfied that the applicant understood the implications of his conduct.

Consequently, pursuant to s 42A(5)(a) of the Administrative Appeals Tribunal Act 1975, the Tribunal dismissed the application for failure to proceed, without reviewing the decision under appeal. The Tribunal provided written reasons for its decision.