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

This decision concerns an application by TNPX (the Applicant) to reinstate an application for an extension of time to seek review of a decision by the Secretary, Department of Social Services. The Applicant's initial application for an extension of time had been dismissed due to their failure to appear at a scheduled interlocutory hearing. The matter came before the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether it was appropriate to reinstate the Applicant's dismissed application for an extension of time, pursuant to section 42A(9) of the *Administrative Appeals Tribunal Act 1975* (Cth). This required the Tribunal to consider the scope of its discretion under this provision and the factors relevant to determining appropriateness, particularly in circumstances where the dismissal was due to non-appearance at a hearing.

The Tribunal determined that it had the power to reinstate the application under section 42A(9) of the AAT Act, noting that this discretion is broad. It preferred the approach taken in *Avetmiss Easy Pty Ltd and Australian Skills Quality Authority* [2014] AATA 99 and applied the principles articulated by Justice O’Callaghan in *Serpinli v Secretary, Department of Social Services* [2019] FCA 2029. These principles require consideration of whether the Applicant had a reasonable excuse for failing to attend the hearing and whether the substantive application had prospects of success. While the Applicant provided an explanation of being unwell and unable to take the call, the Tribunal noted a lack of supporting evidence but had no reason to doubt the explanation.

The Tribunal found it appropriate to reinstate the Applicant's application for an extension of time.