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

Case

[2018] AATA 4038

8 October 2018


Details
AGLC Case Decision Date
McCabe and Secretary, Department of Social Services (Social services second review) [2018] AATA 4038 [2018] AATA 4038 8 October 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application by McCabe seeking a review of a previous decision made by the Tribunal. McCabe did not appear at the jurisdiction hearing concerning this fresh application.

The primary legal issue before the Tribunal was whether it possessed the jurisdiction to hear appeals against its own prior decisions. A secondary issue concerned the refusal of McCabe's oral request to adjourn the interlocutory hearing on the question of jurisdiction, made on the business day preceding the hearing.

The Tribunal determined that it lacked the statutory power to review its own decisions. Consequently, the application for review was dismissed under section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth). The refusal of the adjournment request was made after an examination of all the circumstances surrounding the application.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Appeal

  • Procedural Fairness

  • Judicial Review