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

This matter concerned an appeal by Mr De Silva against a decision regarding his entitlement to Family Tax Benefit. The dispute centred on whether Mr De Silva should be paid Family Tax Benefit at the base rate, a determination that was influenced by his absences from Australia. The decision was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine the correct rate of Family Tax Benefit payable to Mr De Silva, specifically in light of his absences from Australia.

The Tribunal affirmed the decision under review. In its reasoning, the Tribunal noted Mr De Silva's expressed frustration with advice received from Centrelink. Consequently, the Tribunal advised Mr De Silva that he could pursue a claim for compensation under the Scheme for Compensation for Detriment caused by Defective Administration (CDDA Scheme), which is administered by the Department of Finance. The Tribunal outlined the definition of defective administration, which includes a specific and unreasonable lapse in complying with administrative procedures, an unreasonable failure to institute appropriate procedures, an unreasonable failure to provide proper advice within an officer's power and knowledge, or giving incorrect or ambiguous advice.