Garton and Repatriation Commission (Veterans' entitlements)

This matter came before the Administrative Appeals Tribunal concerning the applicant's request to reinstate a review application. The applicant sought to have a previous decision of the Tribunal reconsidered, arguing that an issue regarding an "unrealisable asset" remained unresolved. The Repatriation Commission was the respondent.

The primary legal issue before the Tribunal was whether it possessed the power to reinstate a previously determined review application, or if its jurisdiction was exhausted upon making the initial decision. This involved considering the principle of *functus officio*, which dictates that a decision-maker, having exercised their power, is functus officio and cannot re-exercise that power unless specifically authorised by statute.

The Tribunal reasoned that, in accordance with established authorities such as *Snell* and *Kuchlmayr*, a tribunal's power to review a decision is generally exercised only once. Once a review is conducted and a decision is made, the Tribunal is functus officio and its decision is final, subject only to limited exceptions such as obvious textual errors or remittal by a superior court. The Tribunal found that the applicant's case did not fall within any of these exceptions, and that the previous decision, which reflected an agreement between the parties, was not affected by jurisdictional error. Therefore, the Tribunal concluded it had no capacity to revisit or reinstate the application.

Consequently, the Tribunal dismissed the applicant's application, finding that its power to review the decision was exhausted and that the previous decision could not be re-opened or reinstated.