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

This matter concerned an application by Mr Guinane for the Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Guinane's application for review of a decision by the Authorised Review Officer (ARO) had any reasonable prospect of success. Mr Guinane had initially claimed the DSP on 2 May 2016, which was rejected by Centrelink on 20 June 2016. An ARO reviewed this decision on 18 August 2016 and affirmed the rejection, finding that Mr Guinane did not meet the program of support requirements. Mr Guinane was granted the DSP on 8 January 2019 following a subsequent application. The AAT affirmed the ARO's decision on 8 June 2021, finding that Mr Guinane did not satisfy the requirements for the DSP at the date of his original claim.

The central legal issue before the Tribunal was the effect of section 147 of the *Social Security (Administration) Act 1999* (Cth) on Mr Guinane's application for review. Specifically, the Tribunal had to consider whether Mr Guinane's failure to lodge his application for review within 13 weeks of the ARO's decision rendered the review futile, even if the Tribunal found in his favour. Mr Guinane contended that he should have been granted the DSP from the date of his original claim, arguing he was unaware of his review rights and lacked the capacity to pursue a review at the time.

The Tribunal reasoned that Mr Guinane had been properly notified of the ARO's decision and his review rights in the letter dated 18 August 2016. Despite Mr Guinane's assertions regarding Centrelink's moral obligations and his lack of capacity, the Tribunal found that he failed to lodge his application for review within the prescribed 13-week period. By operation of item 8 of section 147 of the *Administration Act*, any favourable decision in relation to his earlier claim could only take effect from the date he lodged his application for review with the AAT, which was 14 April 2021. As Mr Guinane had already been in receipt of the DSP since 8 January 2019, a favourable decision would provide him with no additional benefit in terms of backpay. Consequently, the Tribunal concluded that the application had no reasonable prospects of success.

The Tribunal dismissed Mr Guinane's application under section 42B(1)(b) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the basis that it had no reasonable prospects of success.