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Some Tribunal cases are finalised by agreement between the parties before there has been a hearing.
Other cases are decided by a Tribunal member after a hearing.
Ending a review without a hearing
If you are the applicant, you can withdraw an application for review at any time before a decision is made.
You must contact us in writing to withdraw the review. You can send us a Notice of withdrawal form.
There is no cost to withdraw an application.
In most cases, we can't refund the application fee if you withdraw the application.
What happens if I withdraw my case?
We will send a confirmation letter to you, the decision maker and any other party that the application has been brought to an end.
The decision under review remains unchanged.
For many of our cases, the parties can come to an agreement about the decision at any time during the review. The terms of the agreement must be put in writing, signed by all parties and sent to us.
We can make a decision based on the agreement if:
- the terms of the agreement are consistent with a decision the Tribunal can make, and
- we think it is appropriate to make the decision.
This is called a consent decision.
If the agreement was reached at a case event, we will not make a decision for 7 days after we receive the agreement. If your case involved Centrelink, you and Centrelink can withdraw from the agreement during this time. In any other case, we can make a decision immediately.
We can dismiss an application if all parties agree.
If you do not appear at a directions hearing, hearing or other case event, and you are the applicant we might dismiss the application.
We might also dismiss an application if:
- the decision can't be reviewed by the Tribunal
- you are the applicant and fail to proceed with the application
- you are the applicant and fail to comply with a direction made by us
- the application is frivolous, vexatious, misconceived or lacking in substance
- the application has no reasonable prospect of success
- the application is otherwise an abuse of our process.
What happens after the application is dismissed?
We will tell you why we have dismissed the application. We will also tell the decision-maker and any other party.
The decision under review remains unchanged.
If the application is dismissed because you did not attend a directions hearing, hearing or other case event, you can ask us to reinstate the application. We can also reinstate the application if:
- it was withdrawn by the applicant and another party wants the review to continue
- it was dismissed in error.
How do I ask for reinstatement?
You must write to us and ask us to reinstate the application within 28 days after you were notified that the application was dismissed.
You must tell us why the application should be reinstated or why the application was dismissed in error. You should include any documents which support what you are telling us.
If the application was dismissed because you did not attend a directions hearing, hearing or other case event, and you ask us to reinstate the application more than 28 days after you were notified that the application was dismissed,
you must also ask us for an extension of time and explain why we should give you extra time.
What happens after we receive your request?
We will decide whether the application will be reinstated. We will usually hold a hearing before deciding this. The hearing might be by telephone or in person at one of the Tribunal's offices.
If we decide to reinstate the application, we will write to you and tell you what happens next.
If we decide not to reinstate the application, we will tell you in writing. The decision under review remains unchanged and we cannot review the decision.
Tribunal decisions
After a hearing has been held, we will write to you to let you know what the Tribunal member has decided in your case. Sometimes the Tribunal member will tell you their decision at the end of your hearing.
When we review an original decision, we have the power to:
- affirm a decision (this means we agree with the original decision)
- vary a decision
- set aside a decision and substitute a new decision, or
- remit a decision to the decision maker for reconsideration.
It is important to read the information we send you to understand what our decision was in your case.
Appealing a Tribunal decision
If you don't agree with a decision we have made, you may be able to appeal to a court. In a few types of cases, you may also be able to apply to us to consider reviewing the decision again.
We will tell you what you may be able to do next when we write to you about your decision.
If you are a party to a finalised case for which you have received a Tribunal decision, and you are not happy with that decision, you may be able to ask the President to refer the case to the Guidance and Appeals Panel. Find out how and more about the process.
Read what we send you
It is important to read any letters, emails and information we send you about your own case. This website only has general information so your case and the review process may be different. Contact us if you have a question or need help.