Maksymiuk and Secretary, Department of Social Services

[2014] AATA 25

[2014] AATA 25  

Division

GENERAL ADMINISTRATIVE DIVISION

File Number(s)

2013/6085

2013/6298
2013/6047

Re

Mr Richard Maksymiuk

APPLICANT

And

Secretary, Department of Social Services

RESPONDENT

DECISION

Tribunal	Senior Member Bernard J McCabe
Date	21 January 2014
Place	Brisbane

The Tribunal dismisses the applications because it does not have jurisdiction.

.......................[Sgd].................................................

Senior Member Bernard J McCabe

Catchwords

SOCIAL SECURITY – Pensions, benefits and allowances – Jurisdiction of the Tribunal – Social Security Appeals Tribunal must first review decisions

Legislation

Social Security Act 1991 (Cth) s 181

REASONS FOR DECISION

Senior Member Bernard J McCabe

21 January 2014

INTRODUCTION

1. Applications 2013/6085, 2013/6298 and 2013/6047 relate to decisions (or purported decisions) made by the Secretary, Department of Social Services.

2. The respondent submitted the Tribunal does not have jurisdiction to deal with any of these disputes. The respondent says the applications should be dismissed. I agree, for reasons I will explain.

   THE TELEPHONE DIRECTIONS HEARING

3. A telephone directions hearing of jurisdiction was listed for 16 January 2013, at 2.30pm. The applicant was contacted and informed of the hearing, and arrangements were made for him to attend his local Centrelink office to participate by telephone. The applicant did not attend the Centrelink office as agreed at the appointed time, and he could not be contacted. I note the Tribunal received an email from the applicant the day after the scheduled telephone directions hearing. He said he was unable to attend when contractors made an unscheduled visit to his apartment, and he was not prepared to leave them unsupervised.

4. I decided to proceed with the hearing of jurisdiction in the applicant’s absence.

   DECISION

5. The applicant has asked the Tribunal to review three decisions purportedly made by the respondent. It is not entirely clear what was decided, or if the decisions in question are, in truth, decisions. But they are certainly not reviewable decisions which fall within the jurisdiction of the Tribunal. Section 181 of the Social Security (Administration) Act 1999 (Cth) provides:

   The AAT may only review a decision that has been reviewed by the SSAT.

6. In other words, the Tribunal’s jurisdiction is not engaged in relation to a decision unless and until that decision has been reviewed by the Social Security Appeals Tribunal. There is no evidence of that occurring in this case. It follows this Tribunal cannot deal with the matter.    

I certify that the preceding 6 (six) paragraphs are a true copy of the reasons for the decision herein of Senior Member Bernard J McCabe

...................[Sgd].....................................................

Associate

Dated 21 January 2014

Date of hearing	16 January 2014
Applicant	In person
Advocate for the Respondent	Rick McQuinlan, Program Litigation Review Branch, Department of Human Services