Berthelsen and Secretary, Department of Social Services (Social services second review)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision made by the Social Services and Child Support Division. The applicant had repeatedly failed to comply with the Tribunal's directions and had indicated an intention to discontinue his application. The applicant was formally notified that failure to withdraw his application within a specified timeframe would result in its dismissal.

The central legal issue before the Tribunal was whether the applicant had failed to proceed with his application for review, thereby justifying its dismissal. This required the Tribunal to assess the applicant's conduct in light of the Tribunal's directions and the notice provided.

Senior Member Theodore Tavoularis found that the applicant's four instances of non-compliance were clear and demonstrable evidence that he had failed to proceed with the application. Applying section 42A(5)(a) of the AAT Act, the Tribunal dismissed the application on this basis.