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

This matter concerned an application by GSRJ for review of a decision by the Administrative Appeals Tribunal (AAT) that affirmed a recoverable Disability Support Pension debt. GSRJ had sought a second-tier review by the General Division of the AAT after the Social Services and Child Support Division had affirmed the debt. However, GSRJ and the Secretary, Department of Social Services, subsequently entered into an agreement to settle the proceedings, which was lodged with the Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to reinstate GSRJ's application for review, which had been deemed dismissed by operation of law following the settlement agreement. Specifically, the Tribunal had to consider the scope of its power under section 42A(10) of the AAT Act to reinstate an application dismissed in error, and the time limits prescribed by section 42A(11) for seeking such reinstatement.

The Tribunal reasoned that the lodgement of the settlement agreement, which stipulated that GSRJ would withdraw her application and the matter be taken to have been dismissed pursuant to section 181(2) of the Social Security (Administration) Act 1999, resulted in the application being dismissed by operation of law. The Tribunal found that the parties had acted in accordance with the terms of the agreement, with the Secretary reducing the debt and GSRJ making payments. Crucially, the Tribunal determined that the dismissal was not in error, and therefore the power to reinstate the application under section 42A(10) of the AAT Act was not enlivened. Furthermore, the application for reinstatement was made significantly outside the 28-day time limit prescribed by section 42A(11), and no special circumstances were demonstrated to warrant an extension.

Consequently, the Tribunal dismissed GSRJ's matter for want of jurisdiction.