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

The Secretary of the Department of Social Services appealed a decision of the Administrative Appeals Tribunal concerning the recovery of an age pension debt from Mr Meehan. The Tribunal had affirmed a decision to waive the recovery of this debt.

The central legal issue before the court was whether there were special circumstances that warranted waiving the recovery of the age pension debt owed by Mr Meehan. This involved considering whether the Department had a discretion to waive recovery and, if so, whether the facts of Mr Meehan's case justified the exercise of that discretion.

Deputy President B W Rayment Oam Kc P affirmed the Tribunal's decision, finding that special circumstances did exist. The failure to notify the Department of an additional property asset, which led to the debt, was considered in light of Mr Meehan's circumstances. The Deputy President concluded that it was desirable to waive the recovery of the debt.