A complainant can withdraw the complaint from the Tribunal at any time, simply by writing to the Tribunal advising of the decision to withdraw the complaint.

The Tribunal itself may decide to treat the complaint as withdrawn, if any of the following apply:

The complainant fails to reply to any correspondence or phone calls over a significant time.
The complaint is made more than 12 months after the decision or conduct to which the complaint relates (except in the case of complaints relating to the payment of a Total and Permanent Disablement benefit).
The complaint is considered to be trivial, vexatious, misconceived or lacking in substance.
The subject matter of the complaint has been, or is likely to be, dealt with by another body or statutory authority, or has already been dealt with by the Tribunal itself.

Note: The Tribunal is required to write to all parties to explain why it has decided to treat the complaint as withdrawn.

Appeal Rights

If you are dissatisfied with the Tribunal's decision to withdraw the complaint you may apply to the Federal Court for judicial review of that decision.

An application for review must be made not later than the 28th day after the day on which a copy of the Tribunal's decision is given to you or within such further period as the Federal Court allows.

The Tribunal cannot advise you whether you should apply to the Federal Court for judicial review. You may wish to consult a solicitor, the Legal Aid Commission or a Community Legal Service to obtain further advice.