Quitlong v Australian Postal Corporation

This matter involved an appeal against a decision of the Administrative Appeals Tribunal (AAT). The applicant, Quitlong, sought to appeal a decision made by Deputy President Handley of the AAT, which dismissed her matter without proceeding to review. The applicant alleged that the AAT failed to provide her with natural justice before making the decision and sought relief on this basis. The legal issues that arose for determination included whether the AAT had the power to reinstate an application for review previously dismissed and whether the applicant could pursue a claim for relief on the basis of unfair dismissal or unlawful discrimination instead.

The court found that there was indeed a failure of natural justice in the AAT's decision-making process, as the applicant was not given an opportunity to be heard before the decision was made. However, the court also found that the applicant's appeal was not the appropriate method of proceeding and that any procedural difficulty could be cured by amending the proceedings to include or make a claim pursuant to s 39B of the Judiciary Act 1903 (Cth). The court further found that the AAT had no power to reinstate the application for review previously dismissed by Senior Member Allen, and that the applicant's case did not fall within the specific provisions of the AAT Act for circumstances in which applications may be reinstated. The court also found that, absent any particular power to revive it, a decision dismissing an application is final and concludes that application. Therefore, the application was dismissed.

In conclusion, the court found that the AAT had failed to provide the applicant with natural justice in making its decision, but that the applicant's appeal was not the appropriate method of proceeding. The court further found that the AAT had no power to reinstate the application for review previously dismissed and that the applicant's case did not fall within the specific provisions of the AAT Act for circumstances in which applications may be reinstated. As a result, the application was dismissed.