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

[2021] AATA 3064

Redman and Secretary, Department of Social Services (Social services second review) [2021] AATA 3064 (30 August 2021)

Division:GENERAL DIVISION

File Number(s):      2021/2432

Re:Mr Michael Redman

APPLICANT

AndSecretary, Department of Social Services

RESPONDENT

DECISION

Tribunal:Ms A E Burke AO, Member

Date:30 August 2021

Place:Melbourne

The Tribunal AMENDS the Directions dated 19 August 2021 as follows:

1. On or before 22 October 2021, the Respondent must give to the Tribunal and the Applicant:

(a)       a witness statement from any witnesses proposed to be called at the hearing;

(b)       all reports, records and any other documents on which the Respondent intends to rely at the hearing; and\

(c)       a Statement of Facts, Issues and Contentions in reply.

...........................[sgd].............................................

Ms A E Burke AO, Member

Catchwords

Extension of time for applicant to lodge statement of issues facts and contentions

Legislation

Administrative Appeals Tribunal Act 1975

REASONS FOR DECISION

Ms A E Burke AO, Member

30 August 2021

REASONS FOR GRANTING EXTENSION OF TIME

1. On 20 March 2021, Mr Redman lodged an appeal against a determination of the AAT1 as he challenged the Member’s lawful authority to make certain determinations. He believed his matter should have been determined in the court. Additionally, he argued the Tribunal had not addressed his specific concern about how his Centrelink debt had been raised.

2. Directions were issued for the Respondent, the Secretary Department of Social Services, to file its statement of facts issues and contentions (SFIC) by 13 August 2021. Solicitor representing the respondent requested an extension of 8 to 12 weeks to file their SFIC as it came to light during the preparation of the SFIC that the debt calculations required verification. The representative of the Respondent indicated that they were seeking to issue section 196 notices.

3. Mr Redman objected to an extension of time being granted as he validly pointed out that these debts had been the subject of court proceedings in 2009, he did not understand how the Respondent could seek to verify, recalculate and obtain further information for debts that had already been subject to criminal convictions.

4. On 19 August 2021, the Tribunal conducted a directions hearing with Mr Redman and the Respondent’s representative at which the Tribunal determined it was inappropriate to grant an extension of time to the Respondent, given Mr Redman’s valid objection.

5. Following the directions hearing, the Respondent’s representative again requested an extension of time on 25 August 2021. The Respondent’s representative advised that whilst preparing the Respondent’s SFIC, additional legal and evidentiary issues of complexity were identified. The Respondent’s representative contended the matter could not proceed until such time as these issues could be addressed.

6. The Respondent’s representative indicated the issues identified were the implications of the prior criminal convictions relating to the debts and potential implication of the daily attribution provisions and whether the legislation had been misapplied.

7. Given the complexity of the issues identified, the Tribunal determined it was inappropriate to proceed to a hearing and granted an extension of time to the Respondent to file their SFIC. The Tribunal determined that Mr Redmond’s interest were best served by ensuring the Respondent had addressed all the issues which he had validly raised.

8. The Tribunal determined it would be procedurally unfair to Mr Redman to proceed to hearing without the Respondent addressing how the original debts had been calculated.

9. Section 33(1AB) of the Administrative Appeals Tribunal Act 1975 (the Act), stipulates all appearing before the Tribunal must use their best endeavors to assist the Tribunal to fulfil its objective in section 2A of the Act.

10. The Tribunal has granted an extension of time until 22 October 2021 to ensure all parties are assisting the Tribunal to arrive at the correct and preferable decision. The Tribunal will continue to hearing on 19 November 2021, unless it receives evidence from Mr. Redman that he has filed an appeal at the Federal Court.

    DECISION

    The Tribunal AMENDS the Directions dated 19 August 2021 as follows:

    1. On or before 22 October 2021, the Respondent must give to the Tribunal and the Applicant:

    (a)       a witness statement from any witnesses proposed to be called at the hearing;

    (b)all reports, records and any other documents on which the Respondent intends to rely at the hearing; and

    (c)       a Statement of Facts, Issues and Contentions in reply.

    The Tribunal NOTES:

    1. The Applicant’s emails to the Tribunal and Respondent dated 27-30 August 2021; and

    2. The Applicant’s phone calls to the Tribunal from 12-27 August 2021.

    The Tribunal DIRECTS the Applicant to cease

    1. Reflecting on the objectivity of the Tribunal; and

    2. Using obscene and abusive language in communications with the Tribunal and the Respondent.

    The Tribunal REMINDS the Applicant that:

    1. Pursuant to section 33(1AB) of the Administrative Appeals Tribunal Act 1975 (the Act), he must use his best endeavours to assist the Tribunal to fulfill its objective under section 2A of the Act; and

    2. Failure to comply with a Direction of the Tribunal may result in a dismissal of his application pursuant to section 42A(5)(b) of the Act; and

    3. May constitute contempt of the Tribunal under section 63 of the Act.

I certify that the preceding 10 (ten) paragraphs are a true copy of the reasons for the decision herein of Anna Burke, Member

...............................[sgd].......................................

Associate 

Dated:  30 August 2021

Hearing on the papers:	27 August 2021
Applicant:	Self-Represented
Advocate for the Respondent:	Mr Eskerie Partner Sparke Helmore Lawyers