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

The applicant, Ms. Lee, sought a review of a decision made by the Administrative Appeals Tribunal (AAT) in relation to a previous matter, Tribunal matter number 2017/7054. The applicant had previously withdrawn her case before the Tribunal, which subsequently refused to reinstate her application. Ms. Lee then lodged a fresh application for review of that refusal. The matter was heard by Senior Member Theodore Tavoularis of the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether it possessed the jurisdiction to hear an appeal against its own prior decision, specifically the decision to refuse the reinstatement of the applicant's withdrawn application.

Senior Member Tavoularis reasoned that there was no specific legislative provision empowering the Tribunal to review its own decisions of the nature made in Tribunal matter number 2017/7054. Consequently, the Tribunal concluded that it lacked the necessary jurisdiction to entertain the applicant's current application for review.

Accordingly, the application for review under s 42A(4) of the AAT Act was dismissed.