Skiba and Secretary, Department of Employment and Workplace Relations

The Administrative Appeals Tribunal considered an application by Mr Skiba concerning the suspension of his JobSeeker payments. The Secretary of the Department of Employment and Workplace Relations was the respondent. Mr Skiba had requested a statement of reasons under section 28 of the *Administrative Appeals Tribunal Act 1975* (Cth) following an internal review decision that set aside the suspension of his payments.

The Tribunal was required to determine whether Mr Skiba was entitled to a statement of reasons under section 28 of the *Administrative Appeals Tribunal Act 1975* (Cth) in circumstances where the internal review decision had already been made and the statement of reasons had already been provided. The central question was whether there was an "internal review decision" within the meaning of the Act that triggered the right to request a statement of reasons.

Deputy President B W Rayment Oam Kc P reasoned that section 28 of the *Administrative Appeals Tribunal Act 1975* (Cth) only applies where there has been a decision made by the Administrative Appeals Tribunal itself, not an internal review decision made by the Department. As the internal review decision had already been made by the Department and a statement of reasons had been provided, there was no applicable internal review decision for the Tribunal to review under section 28. Consequently, the application was dismissed under section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth).