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

Case

[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

  1. 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.

  2. 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.

  3. 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

Areas of Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Judicial Review

  • Natural Justice

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