ATHIP DAVID and and DEPUTY REGISTRAR, ADMINISTRATIVE APPEALS TRIBUNAL

[2009] AATA 847

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 847

ADMINISTRATIVE APPEALS TRIBUNAL      )           Nos    2009/4253, 2009/4254,

)                       2009/4255

GENERAL ADMINISTRATIVE DIVISION		)
Re		ATHIP DAVID

Applicant

And DISTRICT REGISTRAR, ADMINISTRATIVE APPEALS TRIBUNAL

Respondent

ADMINISTRATIVE APPEALS TRIBUNAL      )  

)          No        2009/4266

GENERAL ADMINISTRATIVE DIVISION		)
Re		ATHIP DAVID

Applicant

And DEPUTY REGISTRAR, ADMINISTRATIVE APPEALS TRIBUNAL

Respondent

DECISION

Tribunal Mr G. D. Friedman, Senior Member

Date19 October 2009

PlaceMelbourne

Decisions

2009/4253

For reasons given orally at the hearing, the Tribunal sets aside the decision under review and in substitution decides that the payment of the application fee in application 2009/3091 is waived.

2009/4254

For reasons given orally at the hearing, the Tribunal sets aside the decision under review and in substitution decides that the payment of the application fee in application 2009/3436 is waived.

2009/4255

For reasons given orally at the hearing, the Tribunal sets aside the decision under review and in substitution decides that the payment of the application fee in application 2009/3433 is waived.

2009/4266

For reasons given orally at the hearing, the Tribunal sets aside the decision under review and in substitution decides that the payment of the application fee in application 2009/3091 is waived.

..................[signed].....................

Senior Member

ADMINISTRATIVE

APPEALS TRIBUNAL

MR. G.D. FRIEDMAN

Nos. 2009/4253, 2009/4254, 2009/4255

DAVID

and

DISTRICT REGISTRAR, ADMINISTRATIVE APPEALS TRIBUNAL

No. 2009/4266

DAVID

and

DEPUTY REGISTRAR, ADMINISTRATIVE APPEALS TRIBUNAL

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

MONDAY, 19 OCTOBER 2009

MR A. DAVID appears in person

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MR FRIEDMAN:   In the matter before me, Mr David lodged four applications ...  Those applications were received on 18 August 2009 with this Tribunal.  In each case the District Registrar, or the person representing the District Registrar, of the Tribunal made a decision not to waive the application fee and that is the basis of the applications before me today.  Regulation 19(6)(c) of the Regulations of the Administrative Appeals Tribunal state that:

An application fee is not payable if: … [the] Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.

Mr David has given evidence today that he applied on 13 August 2009 for a Health Care Card and, about two weeks later, was given a temporary card, and then a proper Health Care Card.  He said that the basis for granting that card was made taking into account his financial circumstances.  He also said that he does not have an income at the moment as he is not working and he is not receiving a social security benefit, although he has made [an] application for a social security benefit and he is also seeking full time employment in his field as an engineer.  He has produced his Health Care Card to the Tribunal and I am satisfied that that is a valid card and came into effect around the end of August 2009.

Mr David also gave evidence that, apart from some shares which gives him a small amount of dividends, he has no real income.  He has no assets such as property and that he lives with his parents who are, themselves, recipients of social security benefits.  I accept the evidence from Mr David which was not contradicted and, indeed, there was no appearance on behalf of the respondent.  So I accept that, having regard to Mr David’s income, day to day living expenses, liabilities and assets, it is my view that payment of application fees in each of the cases before me today would cause financial hardship to Mr David.  Consequently, it is my view that an application fee should be waived, that the respondent should waive the application fee for each of the … matters under review.

And, as a result, I set aside the decisions under review and substitute a decision that payment of the application fees in each of the matters … be waived.

END OF EXTRACT