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

This matter concerned an application by Mr Dusan Ristic for the reinstatement of his application for review of a decision made by the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT) on 8 October 2015. The original decision had affirmed the Department of Social Services' cancellation of Mr Ristic's Disability Support Pension. Mr Ristic had initially applied to the AAT for a review of this decision, but subsequently withdrew his application. The Tribunal then dismissed his application pursuant to section 42A(1B) of the *Administrative Appeals Tribunal Act 1975* (the Act). Mr Ristic later sought to have this dismissal set aside and his substantive application reinstated.

The primary legal issue before the Tribunal was whether it had the power to reinstate Mr Ristic's application. This turned on the interpretation of section 42A(10) of the Act, which permits the Tribunal to reinstate an application if it appears to have been dismissed in error. The Tribunal was required to determine if the circumstances of Mr Ristic's withdrawal and subsequent request for reinstatement constituted a dismissal in error, thereby triggering the Tribunal's discretion under this provision.

The Tribunal reasoned that the discretion to reinstate an application under section 42A(10) is confined to situations where there has been an error in the process of dismissal itself, rather than broader or peripheral circumstances. Citing established case law, the Tribunal noted that an "unwise withdrawal" of an application does not amount to a dismissal in error. Mr Ristic's stated reasons for withdrawal—namely, the time required to gather medical reports and his lack of understanding of the process—were found not to constitute an error by the Tribunal in dismissing the application. Therefore, the Tribunal concluded that it had no power to reinstate the application as there was no error in its dismissal.

Consequently, the Tribunal refused Mr Ristic's application for reinstatement of his application for review.