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

This matter concerned an application to the Administrative Appeals Tribunal (AAT) for review of decisions relating to an Abstudy debt and a Parenting Payment (PPS) debt. The applicant sought review of both debts, but the AAT had previously found it lacked jurisdiction to hear these matters. The core dispute revolved around whether the AAT, specifically the second iteration of the Tribunal (AAT2), possessed the necessary jurisdiction to review these debts given the prior findings of the first iteration of the Tribunal (AAT1).

The legal issues before the court were whether the AAT2 had jurisdiction to review the Abstudy debt, which had been appealed to the AAT1 out of time and not yet determined by that Tribunal, and whether the AAT2 could hear and determine the PPS debt, a decision that had not been reviewed by an Authorised Review Officer (ARO) and had not been determined by the AAT1. The court was required to consider whether the relevant enactments conferred jurisdiction, whether a decision had been taken, and whether that decision was made under the enactment conferring jurisdiction.

The court reasoned that the AAT2 did not possess a general power of review; rather, its jurisdiction was enabled by specific enactments. The court noted that section 142 of the Administration Act allows for AAT1 review only after a decision has been reviewed by an ARO and affirmed, varied, or set aside. Similarly, section 179 of the Administration Act permits AAT2 review only if the AAT1 has already reviewed, affirmed, varied, or set aside a decision. Applying these principles, the court found that the AAT1 had not reviewed either the Abstudy debt or the PPS debt, meaning there were no decisions that had been affirmed, varied, or set aside by the AAT1. Consequently, the AAT2 had no basis to exercise jurisdiction.

The court concluded that the AAT2 had no jurisdiction to review the applicant's Abstudy debt or to hear and determine the applicant's PPS debt.