Withdrawing a complaint

You may withdraw your complaint at any time simply by writing to the Tribunal.

The Tribunal may decide to treat the complaint as withdrawn at any stage, if any of the following apply:

  • You fail to reply to any correspondence or phone calls over a period of 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 disability benefits)
  • The complaint is considered to be misconceived, lacking in substance, trivial or vexatious
  • 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.

If the Tribunal decides to withdraw a complaint it will write to you to explain why it is considering withdrawing your complaint.  You will have the opportunity to respond before a final decision is made.

Please note that if your complaint is withdrawn, you will be unable to lodge it with another external dispute resolution scheme (including the Australian Financial Complaints Authority).

Appeal rights

If the Tribunal’s final decision is to withdraw your complaint and you are dissatisfied with the decision, 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 in your state or a Community Legal Service to obtain further advice.