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

This matter concerned an application for a stay of a decision by the Secretary of the Department of Social Services, brought before Dr L Bygrave, Member. The applicant, Ms Kearney, sought to stay a decision related to her disability support pension.

The primary legal issue before the Member was whether to grant the application for a stay of the Secretary's decision. This required the Member to consider the prospects of success of Ms Kearney's substantive appeal, the potential prejudice to the parties involved, and the broader public interest.

In refusing the application, the Member acknowledged Ms Kearney's submission regarding her stressful financial situation. However, the Member found no evidence of current financial hardship, noting that Ms Kearney was in receipt of the Newstart Allowance. Consequently, the application for a stay was refused at the hearing of the interlocutory application.