Dawson and Comcare (Compensation)

This matter concerned an application by Ms Dawson for review of a decision made by Comcare. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Dawson had proceeded with her application within a reasonable time.

The central legal issue before the Tribunal was whether Ms Dawson's conduct during the hearing, specifically her disconnection from the virtual hearing and subsequent refusal to be reconnected, constituted a failure to proceed with her application within a reasonable time.

Member Lee Benjamin reasoned that by disconnecting from the hearing and refusing reconnection attempts, Ms Dawson had not taken steps to progress her application. Consequently, the Tribunal applied subsection 42A(5) of the *Administrative Appeals Tribunal Act 1975* (Cth) to dismiss the application. The Tribunal ordered that the application be dismissed for failure to proceed.