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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, heard by J Sosso SM of the Administrative Appeals Tribunal. The applicant failed to appear at a directions hearing and was unable to be contacted, leading to the dismissal of her application.

The sole legal issue before the Tribunal was whether the applicant's review application should be dismissed pursuant to s 42A(2) of the Administrative Appeals Tribunal Act 1975 for failure to appear at the hearing. The Tribunal was required to consider whether the applicant had been given appropriate notice of the hearing, as stipulated by s 42A(7) of the Act, and the discretionary nature of the dismissal power.

The Tribunal noted that s 42A(2) grants a discretionary power to dismiss an application if a party, other than the decision-maker, fails to appear personally or by a representative at a hearing, directions hearing, or alternative dispute resolution process, provided appropriate notice was given. Drawing on previous decisions, such as *Bragge and Repatriation Commission*, the Tribunal emphasised the importance of parties treating proceedings with due regard, given the Tribunal's workload and the need for matters to proceed unless there is a very good reason for adjournment. The Tribunal considered the categories of reasons for non-appearance, including ignorance, inadvertence, impossibility, and indifference, and reiterated that the dismissal power is intended to facilitate the timely, efficient, and fair disposition of its caseload, not to result in automatic dismissal.

In light of the applicant's failure to appear at the directions hearing and her inability to be contacted, the Tribunal exercised its discretion under s 42A(2) to dismiss the application for review. The dismissal was effective from 10 July 2017.