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

The Administrative Appeals Tribunal considered the entitlement of the applicant, Ms. Andrews, to the Newborn Supplement under the *A New Tax System (Family Assistance) Act 1999* (Cth). The dispute arose from a decision by the Secretary of the Department of Social Services to refuse the supplement, which Ms. Andrews sought to have reviewed. The core of the disagreement concerned whether Ms. Andrews qualified as a "parent" for the purposes of the Act and, alternatively, whether special circumstances warranted the grant of the supplement.

The Tribunal was required to determine two primary legal issues. Firstly, it had to ascertain whether Ms. Andrews met the definition of a "parent" as defined by the *Family Assistance Act* in relation to the child in question. Secondly, if she did not strictly meet the definition of a parent, the Tribunal had to consider whether the circumstances of the case were sufficiently exceptional to justify the exercise of discretion to grant the Newborn Supplement under the "special circumstances" provision of the Act.

In its reasoning, the Tribunal analysed the definition of "parent" within the *Family Assistance Act*, noting that it typically refers to the biological or adoptive parents of a child. It found that Ms. Andrews did not fall within this primary definition. However, the Tribunal then turned to the "special circumstances" limb. It carefully considered the evidence presented regarding Ms. Andrews' role in caring for the child, her financial situation, and the absence of the child's biological parents from the child's life. The Tribunal concluded that these factors, taken together, constituted special circumstances that justified the exercise of its discretion. The Tribunal therefore set aside the original decision and substituted a new decision granting Ms. Andrews the Newborn Supplement.