D'Ambrosio and Secretary, Department of Social Services (Social services second review)

The Administrative Appeals Tribunal considered whether the personal representative of a deceased applicant was a party to proceedings before it. The applicant had lodged an application, but died before a decision was delivered. The applicant's legal personal representative subsequently sought to appeal the Tribunal's decision, but the Tribunal found that the personal representative was not a party to the proceedings.

The central legal issue before the Tribunal was whether the personal representative of a deceased applicant could be considered a party to proceedings before the Administrative Appeals Tribunal, particularly when the applicant died after lodging an application but before a decision was made, and the personal representative sought to appeal that decision.

The Tribunal reasoned that while section 30 of the *Administrative Appeals Tribunal Act 1975* (Cth) allows for the joinder of a legal personal representative, this provision does not automatically confer party status. The Tribunal found that the personal representative had not been joined as a party to the proceedings in accordance with the Act. Consequently, the Tribunal concluded that the personal representative was not a party to the proceedings and therefore lacked standing to appeal the decision.