Administrative Review Tribunal (ART) review dismissed, withdrawn or reinstated 277-09180060

An application for review with the ART may be withdrawn at any time before the ART make a decision. The application must be made in writing for the ART first review and either in writing or over the phone for the ART second review.

An applicant should contact ART to withdraw their application for review. Services Australia cannot accept a withdrawal.

An application for a review of a decision can be dismissed by the ART.

The reasons the ART can dismiss an application include:

• the decision is not a reviewable decision
• the application is frivolous, vexatious, misconceived or lacking in substance, has no reasonable prospects of success, or is otherwise an abuse of process
• the applicant does not appear at a Tribunal case event or fails to comply with an order of the ART
• all parties, other than any non-participating parties, consent to the dismissal

If an applicant withdraws their application, the ART is taken to have dismissed the application.

An applicant can request to have their application reinstated if:

• the application was dismissed by the ART, and
• the request is made within 28 days of receiving notification of the dismissal
  Note: time may be longer in special circumstances

The ART will make a decision to grant or refuse the application.

The ART may reinstate an application for review if the ART consider the application was dismissed in error.

See the Background page in Administrative Review Tribunal (ART) applications against Child Support for information about roles and responsibilities.