Hussein and Secretary, Attorney-General’s Department (Social services second review)

The Administrative Appeals Tribunal considered the case of Mr Hussein and the Secretary, Attorney-General’s Department, concerning an application for an Australian Victim of Terrorism Overseas Payment. Mr Hussein sought this payment following an event overseas in which he and his family were involved, arguing that it constituted an overseas terrorist act.

The primary legal issue before the Tribunal was whether the event in question qualified as a "declared overseas terrorist act" for the purposes of the Australian Victim of Terrorism Overseas Payment scheme. Specifically, the Tribunal had to determine if the requirements of section 1061PAA(1)(a) of the *Social Security Act* were met.

Deputy President W Constance P reasoned that section 35B(1) of the relevant legislation vests the power to declare an overseas terrorist act as a "declared overseas terrorist act" solely with the Prime Minister. While acknowledging Mr Hussein's understandable distress and his belief that the event was indeed a terrorist act, the Tribunal noted that no such declaration had been made by the Prime Minister. The Tribunal emphasised that it was bound to apply the law as it stood and could not interfere with the executive function of making such declarations. Consequently, as the event had not been declared a "declared overseas terrorist act," Mr Hussein failed to meet a strict statutory requirement for the payment.

The Tribunal affirmed the decision of the Social Services and Child Support Division made on 23 October 2015.