Department of Social Security v Lee

The Department of Social Security sought to recover an overpayment of pension from Mr Lee. Mr Lee applied to waive the debt under section 1237 of the *Social Security Act 1991* (Cth). The dispute before the Federal Court of Australia, sitting as a Full Court, concerned whether amendments made to section 1237 after Mr Lee's application but before the Administrative Appeals Tribunal hearing applied to his case.

The central legal issue was whether Mr Lee possessed an accrued right under section 8(c) of the *Acts Interpretation Act 1901* (Cth) to have his application for waiver of the debt dealt with under the *Social Security Act 1991* as it stood prior to the amendments. This required the court to consider the retrospective application of amending legislation and the interpretation of section 8(c) in light of the High Court's decision in *Esber v The Commonwealth*.

The Full Court, applying the principles established in *Esber v The Commonwealth*, determined that section 8(c) of the *Acts Interpretation Act 1901* did not preserve Mr Lee's right to have his application determined under the unamended legislation. The court reasoned that the amendments to section 1237 of the *Social Security Act 1991* were procedural in nature and applied to all proceedings, including those already commenced, unless expressly stated otherwise. Consequently, the amended provisions were applicable to Mr Lee's case before the Tribunal.

Leave to appeal was revoked.