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

The Administrative Appeals Tribunal (AAT) considered a request for a stay order in the matter of *Girouard and Secretary, Department of Social Services*. The applicant sought to stay a decision that denied indefinite portability of his Disability Support Pension (DSP) pending his appeal. The applicant's DSP had been suspended due to this decision, and he was experiencing significant hardship while residing overseas.

The primary legal issue before the Tribunal was whether to grant a stay of the decision to deny indefinite portability of the DSP, pursuant to section 41(2) of the Administrative Appeals Tribunal Act 1975 (Cth). This required the Tribunal to consider the utility of a stay and the factors relevant to its granting, specifically taking into account the interests of any persons affected by the review.

The Tribunal acknowledged the applicant's vulnerable circumstances, including his severe impairment, health difficulties, and isolation on a remote island, which were causing him financial hardship and a risk of homelessness. While these factors were recognised as potentially relevant to the final determination of the review application, the Tribunal focused on the specific criteria for granting a stay. The Tribunal noted that the power to grant a stay is discretionary and must be exercised to secure the effectiveness of the hearing and determination of the application for review. The Tribunal ultimately refused the stay application.