Luck v Secretary, Department of Human Services (No 4) [2016] FCA 950

FEDERAL COURT OF AUSTRALIA

Luck v Secretary, Department of Human Services (No 4) [2016] FCA 950 Appeal from: Luck v Department of Human Services (2010) 51 AAR 265; [2010] AATA 6

File number: VID 65 of 2010

Judge: BROMBERG J

Date of judgment: 15 August 2016

Catchwords: ADMINISTRATIVE LAW – in 2009, applicant requested from first respondent provision of certain documents under Freedom of Information Act 1982 (Cth) – unsatisfied with outcome, applicant lodged application for review of decision in Administrative Appeals Tribunal – first respondent alleged that AAT lacked jurisdiction to deal with decision of which review was sought – AAT sought clarification from applicant as to decision of which review was sought – AAT convened hearing for purpose of ventilating question of its jurisdiction – first respondent did not lodge documents contemplated by s 37(1)(b) of Administrative Appeals Tribunal Act 1975 (Cth) prior to jurisdictional hearing – applicant sought adjournment or stay of jurisdictional hearing including for reasons of ill health – AAT declined to adjourn or stay jurisdictional hearing, sent transcript to applicant, invited submissions – AAT held that it lacked jurisdiction to review decision of which applicant sought review – whether AAT erred in holding that it lacked jurisdiction – AAT did not err – consideration of whether AAT erred in failing to require first respondent to provide s 37(1)(b) documents – AAT did not err – consideration of whether in failing to stay or adjourn jurisdictional hearing, AAT and Deputy President constituting AAT failed to afford procedural fairness to applicant – applicant not denied procedural fairness – appeal dismissed