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

This matter concerned an appeal by GGGD against a decision of the Secretary, Department of Social Services, affirming a debt owed to the Commonwealth arising from an overpayment of disability support pension, aged pension, and wife pension. The dispute centred on whether these debts should be written off or waived, particularly in light of GGGD's failure to disclose additional property during his pension applications. The case was heard by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the debts owed by GGGD should be waived or written off, and if any "special circumstances" existed that would justify such a waiver under the relevant social services legislation. This involved determining whether the overpayments were solely the result of administrative error by the Department, or if GGGD's conduct contributed to the situation, thereby impacting the grounds for waiver.

The Tribunal considered GGGD's assertion that he had disclosed his asset position on multiple occasions, including a claim for unemployment benefits in 1989 where he allegedly declared ownership of a Sydney rental property. However, GGGD categorically denied filling out this form, stating that an unknown individual assisted him while he was hospitalised and very ill. He claimed the signature on the form was not his and that he had never applied for unemployment benefits. The Tribunal noted that while the Department was put on notice of a potential corporate asset in a separate aged pension application, it proceeded to grant the pension without further inquiry, which in a different context (as seen in *Quiggin*) could have led to a finding of sole administrative error. Nevertheless, in this instance, the Tribunal found no "special circumstances" applicable to GGGD that would justify waiving the debt.

Consequently, the Tribunal affirmed the decision of the Administrative Appeals Tribunal (AAT1), meaning the debt owed by GGGD to the Commonwealth was upheld.