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

This matter concerned an appeal by Ms Bokhoree against a decision of the Secretary of the Department of Social Services regarding the recovery of a debt related to family tax benefit and the schoolkids bonus. The court was required to determine whether the debt should be written off or waived.

The legal issues before the court were whether the debt could be waived under section 97 of the relevant Act due to administrative error, or whether special circumstances existed under section 101 of the Act that would make it desirable to waive the debt. The court also considered whether the debt should be written off under section 95 of the Act.

The court found that there was no basis for the debt to be written off under section 95. Regarding waiver due to administrative error under section 97, the court applied the principle that administrative error must be the sole cause for the debt arising, citing *Sekhon*. It determined that the debt arose from a reconciliation of Ms Bokhoree's income against her estimated income, which she did not dispute, and therefore was not solely attributable to administrative error. Concerning special circumstances under section 101, the court noted that while financial hardship alone is excluded, a constellation of factors can constitute special circumstances. However, the court found that the specific circumstances of Ms Bokhoree's case did not meet the threshold for special circumstances that would make it desirable to waive the debt. Consequently, the court affirmed the decision of the Secretary.