RBWJ and Secretary, Department of Social Services (Social services second review)
[2016] AATA 819
•18 October 2016
RBWJ and Secretary, Department of Social Services (Social services second review) [2016] AATA 819 (18 October 2016)
Division
GENERAL DIVISION
File Number(s)
2016/1726
2016/1727
Re
RBWJ
APPLICANT
And
Secretary, Department of Social Services
RESPONDENT
DECISION
Tribunal Dr L Bygrave, Member
Date 18 October 2016 Place Sydney Pursuant to section 33A of the Administrative Appeals Tribunal Act 1975, the Tribunal requires the Applicant and Respondent to appear by telephone in the hearing of these matters.
...................................[sgd].....................................
Dr L Bygrave, Member
CATCHWORDS
PRACTICE AND PROCEDURE – conduct of proceedings – Tribunal requires parties to appear by telephone at the hearing
LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(b), 33A
REASONS FOR DECISION
Dr L Bygrave, Member
18 October 2016
In accordance with subsection 33(1)(b) of the Administrative Appeals Tribunal Act 1975 (Cth) (the Act), the Tribunal shall conduct proceedings with as ‘little formality and technicality, and with as much expedition’ as required to properly consider the matters before the Tribunal.
At the Directions Hearing on 11 October 2016, the Applicant’s behaviour was unruly. The Applicant was disrespectful to the Tribunal and aggressive to the Respondent’s representative.
Pursuant to section 33A of the Act, the Tribunal has decided that the parties to the applications will appear by telephone to ensure the fair and conducive hearing of the issues and applications.
I certify that the preceding 3 (three) paragraphs are a true copy of the reasons for the decision herein of Dr L Bygrave, Member
...................................[sgd].....................................
Associate
Dated 18 October 2016
Applicant Self-represented Solicitors for the Respondent T Hillyard, Department of Human Services
Key Legal Topics
Areas of Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Procedural Fairness
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Judicial Review
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Natural Justice
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