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

This matter concerned an appeal by the Applicant, Mr Bruinger, against a decision of the Secretary, Department of Social Services, regarding the calculation of a compensation preclusion period. The Applicant sought to have a portion of his compensation payment treated as if it had not been made, arguing that special circumstances warranted this. The case was heard by J Sosso SM.

The primary legal issue before the Tribunal was whether the Applicant's circumstances constituted "special circumstances" under the relevant legislation, making it appropriate to treat part or all of his compensation payment as not having been made for the purpose of calculating the preclusion period. This required the Tribunal to identify any unique factors in the Applicant's situation and determine if they justified an adjustment to the standard calculation.

J Sosso SM, referencing the principles outlined in *Secretary, Department of Employment and Workplace Relations v Homewood*, considered the Applicant's personal history, including his long working life, his widowhood, his daughter's living situation, and his ongoing medical expenses, particularly those related to his pulmonary fibrosis. The Tribunal found that the Applicant's situation, particularly his impending need for 24-hour oxygen and potential move to a nursing home, coupled with his history of contributing to society and paying taxes, presented special circumstances. The Tribunal determined it was appropriate to treat a portion of the compensation payment as not having been made, and that the preclusion period should conclude on 28 August 2017. The decision under review was set aside and remitted to the Respondent for reconsideration in accordance with this direction.