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

Case

[2021] AATA 2440

22 July 2021


Details
AGLC Case Decision Date
David and Secretary, Department of Social Services (Social services second review) [2021] AATA 2440 [2021] AATA 2440 22 July 2021

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered the dispute between David and the Secretary of the Department of Social Services concerning the calculation of a compensation preclusion period for a Disability Support Pension.

The Tribunal was required to determine whether any special circumstances existed, pursuant to section 1184K of the relevant Act, that would justify disregarding the compensation preclusion period.

The Senior Member found that no special circumstances were present. Consequently, the decision under review, which affirmed the calculation of the preclusion period, was upheld.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Statutory Construction

  • Jurisdiction

  • Remedies