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

This matter concerned an application for a stay order by the applicant, Mackay, in relation to an income management scheme, against the respondent, the Secretary of the Department of Social Services. The application was heard by SM K Millar.

The primary legal issue before the Court was whether to grant a stay of the income management scheme pending the determination of Mackay's appeal. The respondent argued that the appeal had low prospects of success and that no exemption from the income management scheme was applicable to the applicant.

SM K Millar reasoned that a stay order should not be granted as it would not cause financial hardship to the applicant and that the legislation must be applied consistently to reflect the public interest. Consequently, the request for a stay order was refused.