Fletcher and Comcare [2002] AATA 124 (27 February 2002)

Last Updated: 5 June 2002

DECISION AND REASONS FOR DECISION [2002] AATA 124

ADMINISTRATIVE APPEALS TRIBUNAL )

) A2001/137,

GENERAL ADMINISTRATIVE DIVISION ) A2001/392

Re Graham Walter Fletcher

Applicant

And Comcare

Respondent

DECISION AND REASONS FOR DECISION

Tribunal Joan Dwyer, Senior Member

Date 27 February 2002

Place Canberra

1. These matters came on for hearing to-day. Mr Fletcher appeared. Mr A Dillon, a solicitor with the Australian Government Solicitor appeared for Comcare. The Tribunal had before it the documents lodged in compliance with s37 of the Administrative Appeals Tribunal Act 1975 ("the Act") and the exhibits tendered by Mr Fletcher. 2. The matters concern the calculation of Mr Fletcher's entitlements under the Safety, Rehabilitation and Compensation Act 1988. 3. At the commencement of the hearing, the Tribunal invited Mr Fletcher to explain why he said that the reviewable decisions were not the correct or preferable decisions. Instead of complying with that request he raised a number of other matters. 4. After answering Mr Fletcher's questions as to the procedure to be followed at the hearing, the Tribunal again asked Mr Fletcher to explain why he said the decisions under review were not the correct or preferable decisions. Mr Fletcher failed to do so. 5. The Tribunal said that it intended to adjourn until 12.15pm. It directed that when the hearing resumed Mr Fletcher explain to the Tribunal why he claimed that the decisions under review were not correct. 6. When the hearing resumed the Tribunal arranged for a copy of s 42A of the Act to be given to Mr Fletcher and Mr Dillon. Mr Fletcher read that material and then asked if he could explain "a little" of the history of the matter. The Tribunal agreed to that request. 7. During his explanation, the Tribunal commented that it was not dealing with the respondent's response to a return of summons hearing which had been heard by another Senior Member of the Tribunal. 8. Mr Fletcher said, "Thanks very much. I think we will end it there. You have no intention of hearing this case. I can see that." The Tribunal asked him if he was withdrawing. He said he was not and added, "You can strike it out and I will deal with it later". 9. The Tribunal said that it directed Mr Fletcher to proceed with the hearing. He challenged the Tribunal's power to so direct, and withdrew from the hearing room. 10. I am satisfied that Mr Fletcher failed within a reasonable time to proceed with these applications and to comply with the direction that he proceed with his applications. 11. I dismiss these applications pursuant to S42A(5) of the Administrative Appeals Tribunal Act 1975

..............................................

Senior Member

I certify that the 11 preceding paragraphs are a true copy of the reasons for the decision herein of Joan Dwyer, Senior Member

Signed: .....................................................................................

Associate

Date/s of Hearing 27 February 2002

Date of Decision 27 February 2002

Solicitor for the Applicant Self-represented

Solicitor for the Respondent Mr A Dillon, Australian Government Solicitor