Tait v Harvey [2003] FCA 439

Tait v Harvey [2003] FCA 439

The Social Security Appeals Tribunal only has jurisdiction to review decisions already reviewed by an authorised review officer, and the Administrative Appeals Tribunal may only review decisions already reviewed by the SSAT. As such, the decisions sought to be reviewed by the applicant were not reviewable administrative decisions under the governing statutes, and the applicant was not aggrieved by any decision that could be reviewed by this court; there are no grounds for judicial review of the respondents' conduct or decisions.

Parties
Applicant: William "Billy" Peter Tait; First Respondent: Registrar of the Social Security Appeals Tribunal Rob Harvey; Second Respondent: The Office of Centrelink; Third Respondent: The Administrative Appeals Tribunal constituted by Hon Senior Member KL Beddoe; Fourth Respondent: The Deputy Registrar of the Administrative Appeals Tribunal Debra Harris; Fifth Respondent: The Hon Senior Member of the Administrative Appeals Tribunal KL Beddoe; Sixth Respondent: The Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
09 May 2003
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed. Costs awarded to respondents.
Legal Topics
Jurisdiction of Social Security Appeals Tribunal, Reviewable Decisions Under Social Security (administration) Act 1999, Administrative Decisions (judicial Review) Act 1977, Jurisdiction of Administrative Appeals Tribunal
Administrative Law Social Security Law Jurisdiction of Social Security Appeals Tribunal Reviewable Decisions Under Social Security (administration) Act 1999 Administrative Decisions (judicial Review) Act 1977 Jurisdiction of Administrative Appeals Tribunal

Case Brief

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Parties

William "Billy" Peter Tait

Applicant

Registrar of the Social Security Appeals Tribunal Rob Harvey

First Respondent

The Office of Centrelink

Second Respondent

The Administrative Appeals Tribunal constituted by Hon Senior Member KL Beddoe

Third Respondent

The Deputy Registrar of the Administrative Appeals Tribunal Debra Harris

Fourth Respondent

The Hon Senior Member of the Administrative Appeals Tribunal KL Beddoe

Fifth Respondent

The Commonwealth of Australia

Sixth Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Social Security Appeals Tribunal had jurisdiction to review decisions prior to review by an authorised review officer
  2. 2 Whether there were reviewable administrative decisions under the Administrative Decisions (Judicial Review) Act 1977
  3. 3 Whether the Administrative Appeals Tribunal had jurisdiction to review refusal to list appeals

Ratio Decidendi

The Social Security Appeals Tribunal only has jurisdiction to review decisions already reviewed by an authorised review officer, and the Administrative Appeals Tribunal may only review decisions already reviewed by the SSAT. As such, the decisions sought to be reviewed by the applicant were not reviewable administrative decisions under the governing statutes, and the applicant was not aggrieved by any decision that could be reviewed by this court; there are no grounds for judicial review of the respondents' conduct or decisions.

Court Disposition

Application dismissed. Costs awarded to respondents.

Orders

  • The application for orders for review is dismissed.
  • The applicant to pay the respondents' costs of and incidental to the application, including reserved costs, if any, to be taxed if not agreed.