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

This matter concerned an application for review of a decision made by the Social Security and Child Support Division of the Administrative Appeals Tribunal. The applicant, Jasen, sought review of a decision made by the Secretary of the Department of Social Services.

The primary legal issue before the Tribunal was the scope of its review. Specifically, the Tribunal was required to determine whether its review was limited to the statutory questions that had been answered in the primary decision, or if it extended to a broader reconsideration of the applicant's circumstances.

The Member determined that the scope of review by the Tribunal was confined to the specific statutory questions that had been determined in the primary decision. This meant that the Tribunal could not re-examine issues that had not been the subject of the initial determination. The Member applied the principle that the Tribunal's jurisdiction on review is circumscribed by the questions posed and answered at the first instance.

The Tribunal affirmed the decision of the Secretary.