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

[2023] AATA 3596

Brock and Secretary, Department of Social Services (Social services second review) [2023] AATA 3596 (7 November 2023)

Division:GENERAL DIVISION

File Number(s):      2021/0192

Re:Lisa Brock

APPLICANT

AndSecretary, Department of Social Services

RESPONDENT

INTERLOCUTORY DECISION

Tribunal:Deputy President B W Rayment OAM KC

Date:7 November 2023

Place:Sydney

The application for reinstatement under s 42A of the Administrative Appeals Tribunal Act 1975 (Cth) is refused.

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Deputy President B W Rayment OAM KC

CATCHWORDS

PRACTICE AND PROCEDURE – application for reinstatement – application for extension of time dismissed for non-attendance – reinstatement refused

REASONS FOR INTERLOCUTORY DECISION

Deputy President B W Rayment OAM KC

7 November 2023

1. Ms Brock applied for reinstatement of an application to extend time to appeal from a decision of AAT1 of 2016. The application was dismissed for non-attendance by Ms Brock when the matter came on for interlocutory hearing before Senior Member Fairall.

2. It was explained to me that a sum was paid by the department in error and that the department sought its return and deducted the sum of $508.67 on account of the error made by it in paying the amount. I was also told that Ms Brock has made payment by instalment of most of the debt.  

3. Ms Brock did not properly explain to me any circumstance explaining her non-appearance before Senior Member Fairall who dismissed her application for non-appearance.

4. I see no basis to reinstate her application in those circumstances.

5. The application will therefore be refused.

6. I add that if the amount in question was in truth paid by the department in error, it seems to me that no use would be served in granting an extension of time to Ms Brock because her course of paying off the amount now claimed from her by instalments as she has been doing seems to be entirely the correct thing for her to do.

I certify that the preceding 6 (six) paragraphs are a true copy of the reasons for the decision herein of Deputy President B W Rayment OAM KC

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Associate

Dated: 7 November 2023

Date(s) of hearing:	11 October 2023
Applicant:	In person
Solicitors for the Respondent:	Ms E Smith, Services Australia