Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 (154 of 2012)

Schedule 3   Social Security Appeals Tribunal

Part 1   Amendments

A New Tax System (Family Assistance) (Administration) Act 1999

26   Sections 135 and 136

Repeal the sections, substitute:

135 Dismissal of application for review by SSAT

(1) The Principal Member may, on the request of a party or on his or her own initiative, dismiss an application for review of a decision if:

(a) the decision is not reviewable under this Part; or

(b) the application is frivolous or vexatious; or

(c) all of the parties consent; or

(d) the Principal Member is satisfied:

(i) after having communicated with each party; or

(ii) after having made reasonable attempts to communicate with each party and having failed to do so;

or a combination of both, that none of the parties intend to proceed with the application; or

(e) all of the parties fail to attend the hearing.

(2) The Principal Member may dismiss an application under paragraph (1)(b) only if:

(a) one of the following applies:

(i) the Principal Member has received and considered submissions from the applicant for review;

(ii) the Principal Member has otherwise communicated with the applicant in relation to the grounds of the application;

(iii) the Principal Member has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and

(b) all of the parties (other than the applicant) consent to the dismissal.

(3) If the Principal Member dismisses an application under subsection (1) (other than under paragraph (1)(b)), a party to the review may:

(a) within 28 days after receiving notification that the application has been dismissed; or

(b) within such longer period as the Principal Member, in special circumstances, allows;

request that the Principal Member reinstate the application.

(4) If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances.

(5) If it appears to the Principal Member that an application has been dismissed under subsection (1) in error, he or she may, on the request of a party to the review or on his or her own initiative, reinstate the application and give such directions as he or she considers appropriate in the circumstances.

(6) This section does not apply in relation to a party if the party is the Secretary.

136 Dismissal of application for review on request of party

(1) An applicant for review may notify the SSAT at any time that the application for review is discontinued or withdrawn.

(2) If the applicant orally notifies the SSAT, the person who receives the notification must make a written record of the day on which the notification was given.

(3) If notification is given under subsection (1), the Principal Member is taken to have dismissed the application.

(4) If the Principal Member dismisses an application under subsection (3), a party to the review may:

(a) within 28 days after receiving notification that the application has been dismissed; or

(b) within such longer period as the Principal Member, in special circumstances, allows;

request that the Principal Member reinstate the application.

(5) If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances.

(6) This section does not apply in relation to a party if the party is the Secretary.