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

The Administrative Appeals Tribunal considered an application made on behalf of an applicant who had died after lodging her application but before the hearing. The dispute concerned a debt raised by the Department of Social Services for carer payment and age pension, calculated on the basis that the applicant's superannuation pension had not been taken into account. The applicant's son sought to continue the proceeding on her behalf.

The Tribunal was required to determine whether the proceeding could continue after the applicant's death, and if so, who had standing to pursue it. Specifically, the Tribunal had to consider whether the matter extinguished upon the applicant's death or if it could devolve to a personal representative or another affected party. The Tribunal also had to assess whether the applicant's son had provided sufficient proof of his standing to continue the application.

The Tribunal reasoned that the nature of the decision under review, concerning a financial debt, did not extinguish upon the applicant's death. However, the standing of the applicant's son to represent her ceased upon her death. The Tribunal noted that an executor of the applicant's estate could potentially be joined as an affected party, but the applicant's son had not provided proof that he was the executor. Given the lack of proof of standing and the applicant's representative being unlikely to proceed, the Tribunal was satisfied that the decision was not reviewable in the current circumstances.

Consequently, the Tribunal dismissed the application under section 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth), finding the decision not reviewable. The Tribunal noted that the matter could potentially be reinstated under section 42(10) of the AAT Act if another person lodged a fresh application with proof of standing as an affected party, or if the applicant's health improved and she was able to provide necessary material.