BQXT and Child Support Registrar (Child support second review)

[2023] AATA 2674

BQXT and Child Support Registrar (Child support second review) [2023] AATA 2674 (22 August 2023)

Division:GENERAL DIVISION

File Number(s):      2022/8520

Re:BQXT

APPLICANT

AndChild Support Registrar

RESPONDENT

AndNYHX

OTHER PARTY

DECISION

Tribunal:

Date:22 August 2023

Place:Brisbane

The application is dismissed pursuant to subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth).

.............................[SGD]...........................................

Member Lee Benjamin

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)–16(2AC) of the Child Support (Registration and Collection) Act 1988.

Catchwords

PRACTICES AND PROCEDURES – Applicant’s repeated failure to comply with directions in relation to conduct

Legislation

Administrative Appeals Tribunal Act 1975 (Cth)

REASONS FOR DECISION

Member Lee Benjamin

22 August 2023

1. BQXT lodged an application with the General Division of the Administrative Appeals Tribunal (AAT) for review of a decision by the Social Services and Child Support Division of the AAT (SSCSD).

2. On 14 August 2023, the Tribunal held a directions hearing for the purpose of putting in place a revised timetable for the filing of submissions and materials. At the directions hearing, BQXT yelled, screamed, and swore at, and otherwise verbally abused, the Tribunal and NYHX. BQXT repeatedly refused to follow reasonable requests to cease interrupting the hearing.       

3. On 14 August 2023, after the directions hearing, BQXT telephoned the Tribunal Registry and yelled, screamed, and swore at, and otherwise verbally abused, two Tribunal officers.

4. On 18 August 2023, in light of BQXT’s conduct on 14 August 2023, the Tribunal issued a direction that required the parties to, among other things, engage with the Tribunal and each other, in a respectful and courteous manner (18 August 2023 Direction).

5. The 18 August 2023 Direction put BQXT on notice that, among other things, (i) the parties must comply with the Tribunal’s direction; (ii) the Tribunal may dismiss an application if an Applicant fails within a reasonable time to comply with the Tribunal’s direction;[1] and (iii) the parties must use their best endeavours to assist the Tribunal to fulfil its objective of providing a mechanism of review that (a) is accessible; and (b) is fair, just, economical, informal and quick; and (c) is proportionate to the importance and complexity of the matter; and (d) promotes public trust and confidence in the decision-making of the Tribunal.[2]

   [1] Subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth) (Act).

   [2] Subsection 33(1AB) of the Act.

6. On 22 August 2023, the Tribunal held an interlocutory hearing to consider BQXT’s conduct in interactions with the Tribunal and NYHX (22 August 2023 Hearing).

7. At the 22 August 2023 Hearing, the Tribunal repeatedly explained to the parties (i) why the Tribunal had put the 18 August 2023 Direction in place; (ii) the need for the parties to comply with the same; and (iii) that the application becomes liable for dismissal if the direction is not complied with. The Tribunal asked BQXT if they understood the scope of the 18 August 2023 Direction, and whether they would comply with the same. BQXT confirmed that they both understood and would comply with the 18 August 2023 Direction.  

8. At the 22 August 2023 Hearing, and after BQXT had indicated that they understood and would comply with the 18 August 2023 Direction, BQXT again yelled and screamed, and otherwise verbally abused, the Tribunal and NYHX. BQXT told the Tribunal that they could speak however [they] like. The Tribunal repeatedly warned BQXT to comply with the 18 August 2023 Direction and BQXT repeatedly failed to do so. BQXT otherwise defiantly ignored reasonable requests to cease interrupting the hearing. In response to the same, the Tribunal requested BQXT to explain why they refused to comply with the 18 August 2023 Direction. BQXT offered no explanation but instead embarked on a diatribe of complaints about NYHX and others. 

9. In my view, BQXT repeatedly flouted and failed to comply with the 18 August 2023 Direction by not engaging with the Tribunal and the other parties, in a respectful and courteous manner.

10. Subsection 42A(5) of the Act provides that:

    If an applicant for a review of a decision fails within a reasonable time:

    …

    (b)  to comply with a direction by the Tribunal in relation to the application;

    the Tribunal may dismiss the application without proceeding to review the decision.

11. BQXT was put on notice about the need to comply with the 18 August 2023 Direction, as well as the consequences of not complying with the same. BQXT clearly did not comply. BQXT was given an opportunity to explain why they had not complied with the 18 August 2023 Direction but provided no explanation responsive to the same.

12. In my view, the conditions for the exercise of the dismissal power are made out. Accordingly, I dismiss BQXT’s application pursuant to subsection 42A(5) of the Act.

    I certify that the preceding 12 (twelve) paragraphs are a true copy of the reasons for the decision herein of Member Lee Benjamin

    ................[SGD]..........................

    Associate

    Dated: 22 August 2023