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

This matter concerned an application by Mr Anthony Stonebridge for a second-tier review of a decision made by the Social Services and Child Support Division (SSCSD) of the Administrative Appeals Tribunal (AAT). Mr Stonebridge sought to have a decision made by the Secretary, Department of Social Services, on 20 April 2007, refusing his claim for a disability support pension, reviewed. He also sought an extension of time to make this application for review. The SSCSD had previously dismissed Mr Stonebridge's application for review on 2 November 2022, on the basis that it had no reasonable prospects of success pursuant to section 42B(1) of the Administrative Appeals Tribunal Act 1975 (Cth).

The primary legal issue before the Tribunal was whether it had jurisdiction to review the SSCSD's decision to dismiss Mr Stonebridge's application under section 42B(1) of the AAT Act. This involved determining whether such a dismissal constituted a "reviewable decision" for the purposes of a second-tier review by the General Division of the AAT, or whether it was a final decision that could only be challenged by way of judicial review. A secondary issue, to be considered only if the Tribunal found it had jurisdiction, was whether to grant Mr Stonebridge an extension of time to lodge his application for review.

The Tribunal reasoned that a decision to dismiss an application under section 42B(1) of the AAT Act is a final decision that disposes of the application, and is therefore distinct from a decision to affirm, vary, or set aside the original decision under review. Drawing on precedent, including the case of *Chen and Secretary, Department of Social Services*, the Tribunal held that the General Division of the AAT does not have jurisdiction to review a decision made by a subordinate division of the AAT to dismiss an application under section 42B(1). The avenue for challenging such a dismissal is typically judicial review under section 44 of the AAT Act or the Administrative Decisions (Judicial Review) Act 1977.

Consequently, the Tribunal found that it had no jurisdiction to hear Mr Stonebridge's application for a second-tier review as there was no reviewable decision before it. The application was therefore dismissed pursuant to section 42A(4) of the AAT Act. For completeness, the Tribunal also considered the application for an extension of time. It noted that the application for review was approximately 323 days out of time, which it considered to be a substantial delay weighing against the granting of an extension.