Millar and Secretary, Department of Defence (Practice and procedure)
[2024] ARTA 443
•31 October 2024
Millar and Secretary, Department of Defence (Practice and procedure) [2024] ARTA 443 (31 October 2024)
Applicant/s: Jeremy James Millar
Respondent: Secretary, Department of Defence
Tribunal Number: 2024/4541
Tribunal:General Member J Papalia
Place:Perth
Date:31 October 2024
Date of written reasons: 31 October 2024
Decision:The Tribunal dismisses the application for review for non-appearance at a Directions Hearing in relation to the proceeding.
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General Member J Papalia
Catchwords
PRACTICE AND PROCEDURE – Defence Home Ownership Assistance Scheme (DHOAS) – Applicant a serving member of Australian Defence Force – Non-payment of Application Fee – Non-appearance at Directions Hearing - Application Dismissed
Legislation
Administrative Review Tribunal Act 2024 (Cth)
Defence Home Ownership Assistance Scheme Act 2008 (Cth)
Statement of Reasons
The Applicant is a Major in the Army Reserve. In that capacity, and after completing his qualifying service period, he is eligible for a subsidy under the Defence Home Ownership Assistance Scheme Act 2008 (Cth) (DHOAS Act). The Applicant has been in receipt of payments under the Scheme, and its predecessors, from April 2001.
In July 2023, the Applicant was advised by the Department of Veterans’ Affairs that his monthly subsidy under the DHOAS Act would cease because he had received the maximum allowable of 20 years of payments without warlike service extending that period.
The Applicant sought internal review of that decision. The initial refusal to authorise further payments was confirmed by a delegate of the Respondent on 16 January 2024 (the reviewable decision).
The Tribunal is required to finalise the review of the delegate’s decision in a manner that it considers to be efficient and fair.
To date, and despite written reminders from the Registry to the Applicant, indicating that he needed to pay the prescribed application fee in respect of this application (or to apply for a waiver). He has not done so. Accordingly, the Tribunal listed the matter for a Directions Hearing scheduled for today in order to programme the matter to resolution.
The Applicant was notified by email of the date, time and place of the Directions Hearing on 23 October 2024.
Today, the Applicant did not appear at the scheduled Directions Hearing and my associate attempted to call him on his mobile telephone on at least four occasions over a 15-minute period.
In all of the circumstances, I determined that it was appropriate for the Directions Hearing to proceed in the Applicant’s absence under s 81 of the Administrative Review Tribunal Act 2024 (Cth) (ART Act).
The Respondent appeared through counsel at the Directions Hearing and sought that the Tribunal dismiss the application for non-appearance.
The Tribunal considered that dismissal under s 99 of the ART Act was appropriate, having regard to nature of the application and the Tribunal’s statutory objectives. The Applicant did not appear before the Tribunal after being given appropriate notice of the date, time and place of the listing. Adjourning the matter would have been contrary to the Tribunal’s statutory objectives and the rights of other applicants to have their cases decided expeditiously. The Applicant can apply for re-instatement of his application within 28 days. I made orders dismissing the application accordingly.
I certify that the preceding ten (10) paragraphs are a true copy of the reasons for the decision herein of General Member J Papalia
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Associate
Dated: 31 October 2024
Date of hearing: 31 October 2024 Applicant: Did not appear Solicitor for the Respondent: Ms J Davenport, Australian Government Solicitor
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