Gregory and Comcare (Compensation)

This matter concerned an application by Mr Gregory for the reinstatement of a previously withdrawn application before the Administrative Appeals Tribunal. The dispute arose from Mr Gregory's assertion that the withdrawal of his original application was a consequence of error.

The primary legal issue before the Tribunal was whether the discretion to reinstate the application under section 42A(1) of the *Administrative Appeals Tribunal Act 1975* (Cth) was enlivened. This required the Tribunal to determine if the original withdrawal had indeed occurred as a result of material error.

The Member found that the original application had not been dismissed in error. Consequently, the Tribunal's discretionary power to reinstate the application under section 42A(1) of the *Administrative Appeals Tribunal Act 1975* (Cth) was not triggered. The Member held that factors such as the absence of prejudice to the respondent and the short period within which the reinstatement application was filed were irrelevant where the prerequisite of material error was not met.

Accordingly, Mr Gregory's application for reinstatement was refused.