McCabe and Secretary, Department of Social Services (Social services second review)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Appeal
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Procedural Fairness
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Judicial Review
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Citations
McCabe and Secretary, Department of Social Services (Social services second review) [2018] AATA 4038
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
Mirza and Secretary, Department of Families, Community Services and Indigenous Affairs
[2007] AATA 1309
Rana and Defence Force Retirement and Death Benefits Authority
[2009] AATA 404
Re Bienstein and Commonwealth Ombudsman
[2003] AATA 1197