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

This matter concerned an interlocutory application before Dr L Bygrave, Member of the Administrative Appeals Tribunal (AAT). The applicant, Ms Chen, sought a review of a decision made by the Social Services and Child Support Division (AAT1) of the Tribunal, which had dismissed her application for review on the grounds that it had no reasonable prospects of success, pursuant to paragraph 42B(1)(b) of the *Administrative Appeals Tribunal Act 1975* (Cth). The Secretary, Department of Social Services, was the respondent.

The central legal issue before the Tribunal was whether the General Division of the AAT possessed jurisdiction to review a decision made by the AAT1 to dismiss an application under section 42B(1)(b) of the *Administrative Appeals Tribunal Act 1975*. The parties acknowledged that this specific jurisdictional question had not been previously considered by case law and that reported decisions of dismissal under section 42B had only been made by the General Division.

Dr Bygrave considered the parties' submissions that the AAT1's decision, which provided written reasons identifying facts and legislation and effectively affirmed the original decision under review, could be treated as if it were made under section 43 of the AAT Act. While acknowledging the pragmatic arguments and the alignment with the AAT's objectives of accessibility and fairness, Dr Bygrave ultimately concluded that the AAT1's decision could not be treated as a section 43 decision, either in form or substance. This was because section 237 of the *Paid Parental Leave Act 2010* (Cth) and subsection 43(1) of the AAT Act specifically require a decision to affirm, vary, or set aside the decision under review for the General Division to have jurisdiction. Dr Bygrave found no provision within either Act that permitted the General Division to review an AAT1 decision to dismiss an application under section 42B.

Consequently, the Tribunal found that it lacked jurisdiction to review the AAT1's decision. The application was dismissed.