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

[2023] AATA 2299

Carpenter and Secretary, Department of Social Services (Social services second review) [2023] AATA 2299 (7 July 2023)

Division:GENERAL DIVISION

File Number:          2022/7373

Re:Scott Carpenter

APPLICANT

AndSecretary, Department of Social Services

RESPONDENT

DECISION

Tribunal:Member Lee Benjamin

Date:7 July 2023

Place:Brisbane

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

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

Member Lee Benjamin

Catchwords

PRACTICES AND PROCEDURES – Applicant’s failure to comply with directions in relation to application for review.

Legislation

Administrative Appeals Tribunal Act 1975 (Cth)

REASONS FOR DECISION

Member Lee Benjamin

7 July 2023

1. On 1 September 2022, Mr Carpenter 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) dated 9 August 2022.

2. The SSCSD’s decision affirmed an Authorised Review Officer (ARO) decision to cancel Mr Carpenter’s Disability Support Pension (DSP) on 24 May 2022, on the basis that Mr Carpenter is no longer qualified for the DSP.

3. On 5 May 2023, the Tribunal directed that:

   ·On or before 2 June 2023, the Secretary, Department of Social Services (SDSS) must give to the Tribunal and Mr Carpenter a Statement of Issues, Facts and Contentions (SFIC); and

   ·On or before 30 June 2023, Mr Carpenter must either give to the Tribunal and the SDSS a statement in reply or advise the Tribunal that he is not providing any statement in reply. 

4. On 26 May 2023, the SDSS filed their SFIC in compliance with the Tribunal’s 5 May 2023 direction.

5. As of today, Mr Carpenter has neither filed a statement in reply to the SDSS’s SFIC nor advised the Tribunal that he will not file a reply. Separately, Mr Carpenter has not sought an extension of time to file or advise.

6. The Tribunal has the power under subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) to dismiss an application without proceeding to a review of the same, if an applicant fails within a reasonable time to comply with the Tribunal’s direction.

7. Mr Carpenter has failed within a reasonable time to comply with the Tribunal’s direction. Accordingly, I dismiss Mr Carpenter’s application pursuant subsection 42A(5) of the AAT Act.

8.        

I certify that the preceding 7 (seven) paragraphs are a true copy of the reasons for the decision herein of Member Lee Benjamin

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

Associate

Dated: 7 July 2023