Sanderson and Decision Maker

This matter concerned an application for review of a decision made by the Australian Financial Complaints Authority (AFCA). The applicant contended that the Minister held a non-delegable duty as a trustee, rendering AFCA's decision a decision of the Minister for the purposes of section 1317B(1)(a) of the *Corporations Act 2001* (Cth). The Administrative Appeals Tribunal (AAT) was required to determine whether it possessed jurisdiction to review AFCA's decision.

The primary legal issue was whether the AAT had jurisdiction to review a decision of AFCA. This involved considering whether AFCA's decision could be construed as a decision of the Minister under section 1317B(1)(a) of the *Corporations Act 2001* (Cth), and whether any enactment provided for such a review by the AAT. The applicant also argued that the Minister had a non-delegable trustee duty.

The Tribunal found that it only had jurisdiction to review decisions expressly provided for in an enactment, and no such enactment permitted review of AFCA decisions by the AAT. The Tribunal rejected the argument that AFCA's decision was a decision of the Minister, noting AFCA's separate legal personality and distinct functions. It also found no legal or factual basis in AFCA's enabling statute for review by the AAT, nor that AFCA was a delegate of the Minister. The Tribunal further held that the Minister was not a trustee or fiduciary in the relevant sense, and even if they were, section 1317B(1)(a) of the *Corporations Act 2001* (Cth) could not be construed to allow review of an AFCA decision.

Consequently, the Tribunal determined that it lacked jurisdiction to hear the application for review.