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

The Administrative Appeals Tribunal (AAT) considered an application by Girle for review of a decision by the Secretary, Department of Social Services. The core of the dispute revolved around whether the applicant had failed to comply with the Tribunal's directions and to reasonably progress their applications for review.

The legal issue before the Tribunal was whether it should dismiss the applicant's applications for review pursuant to section 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act). This required the Tribunal to determine if the applicant had, within a reasonable time, failed to comply with directions issued by the Tribunal or to proceed with the applications.

The Tribunal reasoned that its role, as established by the AAT Act and consistently interpreted by the Federal Court and High Court, is to review administrative decisions on their merits, standing in the shoes of the original decision-maker. The Tribunal's objective, as set out in section 2A of the AAT Act, includes providing a mechanism of review that is accessible, fair, just, economical, informal, and quick. Applying these principles, the Tribunal found that the applicant had failed to comply with directions and progress the applications within a reasonable time. Consequently, the Tribunal exercised its power under section 42A(5) of the AAT Act.

The Tribunal ordered that the applicant's applications for review be dismissed.