Akcagoz; Secretary, Department of Social Services and (Social services second review)

This matter concerned an application by Ms Akcagoz for a partial stay of a decision made by the Secretary of the Department of Social Services, which involved the recovery of alleged overpayments of parenting payment, Newstart allowance, family tax benefit, and child care benefit. The application was heard by Dr L Bygrave, Member.

The primary legal issue before the Member was whether Ms Akcagoz's application for a partial stay of the departmental appeal had reasonable prospects of success. This required an assessment of the merits of her proposed appeal against the decision to recover the overpayments.

The Member granted the application for a partial stay, finding that the appeal had reasonable prospects of success. While the decision does not detail the specific grounds of appeal, it notes that Ms Akcagoz provided evidence of her current full-time employment and receipt of family tax benefit payments, which were considered in the context of the application. The Member concluded that the application for a partial stay was granted at the hearing of the interlocutory application.