Smith and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Smith seeking review of a decision by the Military Rehabilitation and Compensation Commission (MRCC). Mr. Smith asserted that he had requested an internal reconsideration of his incapacity payments, but the Department contended that no reviewable decision had been made.

The primary legal issue before the Tribunal was whether the MRCC's failure or refusal to undertake a reconsideration of Mr. Smith's incapacity payments constituted a reviewable decision. This required the Tribunal to determine if the phrase "decision made in the exercise of powers" extended to a refusal to act or a failure to act, drawing upon established case law such as *Deputy Commissioner of Patents v Board of Control of Michigan Technological University*.

The Tribunal found that while Mr. Smith had indeed requested a reconsideration of his incapacity payments in an email dated 19 July 2023, there was insufficient evidence that the MRCC had made a positive decision to refuse to act. The Tribunal noted the absence of any correspondence from the MRCC indicating a refusal. Consequently, the Tribunal concluded that there was no reviewable decision before it, and the application was dismissed for want of jurisdiction. The Tribunal directed that written reasons be sent to the purported decision-maker.