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

This matter concerned an application by the applicants, Mr and Mrs Hojbota, for orders prohibiting the publication of a decision made by the Social Security Appeals Tribunal (SSAT) and for suppression of their identities in relation to that decision. The applicants sought these orders retrospectively, after the SSAT had already made its determination. The application was heard by Deputy President I R Molloy of the Administrative Appeals Tribunal (AAT).

The central legal issues before the Tribunal were whether it had the power to make orders prohibiting the publication of the SSAT's decision and whether the applicants' identities should be suppressed. The applicants contended that their privacy and the confidentiality of their financial affairs warranted such protective orders.

Deputy President Molloy considered the relevant legislative framework, including the *Administrative Appeals Tribunal Act 1975* (Cth) and the *Social Security (Administration) Act 1999* (Cth). The Tribunal noted that while it possessed broad powers to make orders for the protection of parties, including suppression orders, these powers were generally exercised prospectively or at the time of making a decision. The Tribunal found no basis in the legislation or established principles to grant a retrospective prohibition on publication of a decision that had already been made by the SSAT. Furthermore, the Tribunal determined that the applicants had not demonstrated a sufficient level of prejudice or disadvantage that would justify the extraordinary step of suppressing their identities in this instance, particularly given the public interest in the transparency of administrative decision-making.

Consequently, the application for orders prohibiting publication and suppressing the applicants' identities was dismissed.