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

The Administrative Appeals Tribunal (AAT) considered an application by Mr Holmes for the reinstatement of his review applications and an extension of time. Mr Holmes sought to review two decisions made by the Chief Executive, Centrelink, concerning a non-attendance penalty and a serious failure non-payment period. These decisions were initially affirmed by the Social Services and Child Support Division of the Tribunal. Mr Holmes then sought a second review by the General Division of the Tribunal, but his applications were repeatedly dismissed due to his failure to attend mediation conferences and hearings.

The primary legal issues before the Tribunal were whether special circumstances existed to warrant an extension of time for a second review, and whether the previous dismissals of his applications were in error. The Tribunal was also required to consider the criteria for a second reinstatement of applications, which necessitates even more exceptional circumstances than a first reinstatement.

The Tribunal reasoned that reinstatement after a significant period requires special circumstances, and a second reinstatement demands even more exceptional circumstances. It found that Mr Holmes had been afforded multiple opportunities to pursue his applications, including one prior reinstatement, but had consistently failed to attend scheduled mediation conferences and hearings. The Tribunal concluded that such dilatory conduct caused inconvenience to the Respondent and incurred costs to the public purse. Consequently, the Tribunal found no special circumstances to justify an extension of time for a second review. Furthermore, even if special circumstances had been found, the Tribunal held that the history of Mr Holmes' non-attendance meant there was no error in the dismissal of his matter for failing to appear at the hearing on 6 April 2020.

The Tribunal decided to refuse Mr Holmes' application for reinstatement and an extension of time.