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

This matter concerned an application by the Secretary, Department of Social Services, to dismiss Mr Naylor's application for review of a decision by the Social Security and Child Support Division of the Administrative Appeals Tribunal (AAT). The AAT had previously affirmed a decision to reject Mr Naylor's claim for Disability Support Pension (DSP), finding that his medical conditions did not generate sufficient impairment points to satisfy the requirements of the *Social Security Act 1991* (Cth). Mr Naylor subsequently lodged an application for review with the Tribunal.

The primary legal issue before the Tribunal was whether Mr Naylor had failed to proceed with his application for review within a reasonable time, thereby enlivening the Tribunal's discretion to dismiss the application under s 42A(5) of the *Administrative Appeals Tribunal Act 1975* (Cth). This involved considering the principles established in *Charara v Commissioner of Taxation* [2016] FCA 451, which require that such a discretionary power be exercised sparingly and as a last resort, with procedural fairness afforded to the applicant and their explanations being mandatory relevant considerations.

The Tribunal reasoned that Mr Naylor had failed to proceed with his application within a reasonable time. Following an initial adjournment due to his need to return to the UK for family health reasons, Mr Naylor repeatedly requested postponements without providing a clear timeframe for his return or engagement with the Tribunal's processes. He expressed a reluctance to participate in telephone hearings, including a directions hearing, and indicated an intention to pursue a separate compensation claim, suggesting this might render the Tribunal hearing unnecessary. The Tribunal also considered the substantive prospects of Mr Naylor's DSP claim, noting that the relevant period for assessment had passed and no further evidence had been provided, concluding these prospects were very poor.

Consequently, the Tribunal was satisfied that Mr Naylor had failed to proceed with his application within a reasonable time and accepted the Secretary's request to dismiss the application for review. The Tribunal therefore dismissed Mr Naylor's application for review of the AAT's decision affirming the rejection of his DSP claim.