Amidiong-Otyaluk and Australian Capital Territory (Compensation)

This matter concerned an application by Grace Amidiong-Otyaluk (the Applicant) under s 42A(9) of the *Administrative Appeals Tribunal Act 1975* (Cth) for the reinstatement of her applications for review. These applications had been dismissed by the Tribunal under s 42A(2)(a) of the Act due to the Applicant's failure to appear at an interlocutory hearing on 14 July 2021. The Respondent was the Australian Capital Territory.

The legal issues before the Tribunal were whether it was appropriate to reinstate the Applicant's review applications, and in considering this, what factors the Tribunal could have regard to. The Applicant sought to review decisions by Comcare, which affirmed decisions declining initial liability for major depressive disorder and determining that a rehabilitation program was not required.

The Tribunal considered that its power to reinstate an application under s 42A(9) is not unfettered and requires consideration of whether it is "appropriate" to do so. Drawing on established principles, the Tribunal determined that relevant factors include the explanation for the applicant's failure to appear, their general conduct in prosecuting the application, prejudice to the parties, the merits of the substantive application, and the public interest. In this instance, the Tribunal found that the Applicant had not provided a satisfactory explanation for her non-compliance with a prior Tribunal direction, nor had she taken steps to remedy this non-compliance.

The Tribunal ultimately allowed the Applicant's application for reinstatement. It found that the Applicant's representative had provided submissions that were not reproduced in full, but that the Tribunal considered the merits of the substantive application and the conduct of the Applicant to date. The Tribunal concluded that it was appropriate to reinstate the applications, despite the Applicant's prior non-compliance and lack of explanation, and that reinstating the applications would not be an exercise in futility.