LJWV and National Disability Insurance Agency

[2023] AATA 2992

LJWV and National Disability Insurance Agency [2023] AATA 2992 (15 September 2023)

Division:NATIONAL DISABILITY INSURANCE SCHEME DIVISION

File Number(s):2023/0382      

Re:LJWV  

APPLICANT

AndNational Disability Insurance Agency

RESPONDENT

DECISION

Tribunal:Senior Member K Buxton

Date:15 September 2023

Place:Brisbane

Pursuant to section 42A(2) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal dismisses the application.

............................[SGD]..................................

Senior Member K Buxton

Catchwords

PRACTICE AND PROCEDURE – failure to appear – National Disability Insurance Scheme – application dismissed

Legislation

Administrative Appeals Tribunal Act 1975 (Cth) section 42A

Cases

Mayer and NDIA [2020] AATA 3720

REASONS FOR DECISION

Senior Member K Buxton

15 September 2023

1. The Applicant is a child who has been assisted in all aspects of this case by her mother, Ms G. The Tribunal is satisfied that Ms G was given appropriate notice of the time and place of a Directions Hearing in his review application, which was listed to be held on 12 September 2023, at 10am. The Applicant, through Ms G, failed to appear at that hearing and Ms G could not be contacted by the Tribunal on the telephone number supplied by her at the time listed for commencement of the hearing.

2. The Respondent attended at the directions hearing and applied for an order that the application be dismissed (under section 42A(2) of the Administrative Appeals Tribunal Act 1975 (Cth) (“AAT Act”)) on the basis of the Applicant’s non-appearance at the Directions Hearing. The Respondent had given notice to the Tribunal, copied to the Applicant by email to Ms G, of its intent to ask for this relief prior to the directions hearing.

3. I am satisfied that notice was provided to the Applicant, through Ms G, of the Direction Hearing on 30 August 2023 (as I must be under section 42A(7) of the AAT Act). I am further satisfied that the covering email enclosing the listing notice gave adequate notice of the consequences of non-attendance, including dismissal. Consistent with the approach taken in Mayer and NDIA [2020] AATA 3720, I am satisfied that Ms G has been made well aware that the Applicant was required to participate in the Directions Hearing in order that this review continue.

4. I am satisfied that it is proper to have regard to the objects of the AAT Act, including that the review be conducted in a way that is fair to all parties, and in a way that is proportionate and quick. It is important that parties adhere to procedure to allow a review to proceed in this way, and proper in this case that non-adherence leads to the dismissal of the review application.

5. Accordingly, pursuant to subsection 42A(2) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal dismisses the application for review.

   I certify that the preceding 5 paragraphs are a true copy of the reasons for decision of Senior Member K Buxton.

   ………………[SGD]……………………                  
   Associate

   Dated: 15 September 2023