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

The applicant, Gaynor, sought a stay of a decision made by the Social Services and Child Support Division of the Administrative Appeals Tribunal. The respondent was the Secretary of the Department of Social Services. The Deputy President of the Administrative Appeals Tribunal considered the application for a stay.

The primary legal issue before the Tribunal was whether it should exercise its discretion to grant a stay of its earlier decision. In determining this, the Tribunal was required to weigh various factors, including the prospect of an overpayment, the public interest, the merits of the applicant's claim, and the interests of both parties.

The Deputy President carefully considered the application for a partial stay but concluded that, on balance, a stay was neither warranted nor desirable. The Tribunal ultimately determined that the correct and preferable decision was to refuse the Secretary's application for a stay of the decision dated 7 May 2021.