Hadley and Hadley (SSAT Appeal)

The case of Hadley and Hadley was before the Social Security Appeals Tribunal (SSAT) and on appeal to the Administrative Appeals Tribunal (AAT). The primary dispute centered on the application of the new internal objection procedures and the SSAT merits review regime introduced by the Reform Act to pending matters. Specifically, the issue was whether objection decisions made by the Registrar concerning the child support period up to 31 December 2006 were subject to SSAT review.

The court was required to interpret and apply the provisions of Item 77 of Schedule 3 of the Reform Act. The relevant subitems provided that decisions made by the Registrar under the Registration and Collection Act or the Assessment Act before the commencement of the Reform Act were subject to Part VII (internal review). However, decisions on objections completed before the commencement of the Reform Act were governed by the Acts as in force immediately before that commencement. The court needed to determine whether the objection decisions made during 2006 for the child support period ending 31 December 2006 were reviewable by the SSAT.

The court concluded that the objection decisions made during 2006 for the child support period ending 31 December 2006 were not reviewable by the SSAT. This was based on Item 77(3) of Schedule 3 of the Reform Act, which stipulated that the SSAT review provisions did not apply to those objection decisions as the relevant Acts continued to apply in relation to the original decision and the objection decision. Consequently, the appeal was allowed, and the matter was remitted to the SSAT to be reheard by a differently constituted Tribunal.

ORDERS:
1. That the Appeal be allowed and the matter be remitted to the SSAT to be reheard by a differently constituted Tribunal.