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

This matter concerned an appeal by the Secretary of the Department of Social Services against a decision of the Administrative Appeals Tribunal (AAT) regarding an overpayment of Newstart Allowance to Mr Glover. The core dispute revolved around whether a debt had been incurred by Mr Glover, the amount of that debt, and whether it should be recovered, written off, or waived. The AAT had previously set aside a decision of the Secretary and substituted its own, finding that there was no debt.

The primary legal issues before the court were whether the AAT had erred in law in its determination that no debt was owed by Mr Glover, and consequently, whether the AAT had erred in law in failing to consider the recovery, write-off, or waiver of any debt. Specifically, the court was asked to consider the proper interpretation and application of the relevant provisions of the *Social Security Act 1991* (Cth) concerning income reporting obligations and the creation of debts due to overpayments.

The court found that the AAT had made an error of law by failing to properly consider the existence and amount of a debt, even if it ultimately concluded that recovery might not be appropriate. The AAT's finding that no debt was owed was based on a misinterpretation of the Secretary's decision and the relevant legislative framework. The court emphasised that the initial determination of whether a debt exists and its quantum is a necessary precursor to considering any discretionary powers regarding recovery, write-off, or waiver.

The court ordered that the AAT's decision be set aside and remitted to the AAT for redetermination according to law. This means the AAT will need to reconsider the matter, properly addressing the existence and amount of any debt before proceeding to consider the discretionary aspects of recovery, write-off, or waiver.