ADAM McLAINE and SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

[2009] AATA 828

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 828

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2009/3720

GENERAL ADMINISTRATIVE  DIVISION		)
Re		ADAM McLAINE

Applicant

And SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

DECISION

Tribunal Mr B H Pascoe, Senior Member

Date26 October 2009

PlaceMelbourne

Decision The Tribunal affirms the decision under review.

(sgd) B H Pascoe

Senior Member 

SOCIAL SECURITY - newstart allowance - participation failure - failure to appear at hearing - proceeded in absence of applicant - no evidence of reasonable excuse.

Administrative Appeals Tribunal Act 1975 s 40(1)(b)

REASONS FOR DECISION

26 October 2009 Mr B H Pascoe, Senior Member  

1.      This is an application to review a decision of the Social Security Appeals Tribunal (SSAT) of 24 July 2009 which affirmed a prior decision of the respondent to apply an eight week non-payment period to the applicant’s newstart allowance on the grounds of a third participation failure without a reasonable excuse within a 12 month period.

2. At the hearing listed before this Tribunal there was no appearance by the applicant, Mr Adam McLaine, and attempts to contact him by telephone were unsuccessful. It is noted that he attended the SSAT hearing briefly via phone and failed to attend a preliminary conference at this Tribunal. As a consequence, the Tribunal decided to proceed pursuant to s 40(1)(b) of the Administrative Appeals Tribunal Act 1975 in the absence of the applicant who had reasonable notice of the proceeding.

3.      The facts of this matter and details of the participation failures were fully set out in the decision of the SSAT together with a summary of the applicable law and it is unnecessary to repeat it here.  In his application to this Tribunal Mr McLaine stated that his reasons for missing three appointments in 12 months were valid and worthy of reconsideration.  Mr McLaine has not provided any evidence to this Tribunal which would explain his three participation failures.

4.      In the circumstances, the Tribunal has no option but to affirm the decision under review.

I certify that the four [4] preceding paragraphs are a true copy of the reasons for the decision herein of  

Mr B H Pascoe, Senior Member

(sgd):   Leah Berardi

Clerk

Date of Hearing  26 October 2009
Date of Decision  26 October 2009
Advocate for the applicant           Self-represented
Advocate for the respondent        Tim De Uray, Centrelink Legal Services