Can I withdraw an application?

Yes, you can withdraw an application at any time before a decision is made if you are the applicant. 

You must withdraw in writing. You can use the Notification of withdrawal form or you can send us an email or a letter.

There is no cost to withdraw an application.

In most cases, we cannot refund the application fee if you withdraw the application.

What happens after the application is withdrawn?

We will send a confirmation letter to you, the Department and any other party that the application has been brought to an end.

The decision under review remains unchanged.

If you withdraw the application and there is another party to the review, such as the other parent or carer of a child, they can ask us to reinstate the application.


Coming to an agreement 

You, the Department of Human Services (the Department) and any other party 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 AAT 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 conference or other alternative dispute resolution (ADR) process, we will not make a decision for 7 days after we receive the agreement. You, the Department or the other party can withdraw from the agreement during this time. In any other case, we can make a decision immediately.


When can we dismiss an application?

We can dismiss an application if all parties agree.

If you do not attend a conference, other type of ADR process, directions hearing or hearing 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 AAT
  • 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 Department and any other party.

The decision under review remains unchanged. 


Reinstatement of an application

If the application was dismissed because you failed to attend a conference,  other ADR process, directions hearing or hearing, you can ask us to reinstate the application. We can also reinstate the application if 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 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 conference, other ADR process, directions hearing or hearing, 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 the AAT's offices.

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.

If you think our decision is wrong you can appeal to the Federal Court, but only on a question of law. An appeal to the Federal Court must be made within 28 days after receiving our decision.