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

This matter concerned an appeal by Mr and Mrs Obradovic against a decision of an Authorised Review Officer of the Department of Social Services and Child Support Division. The dispute centred on alleged overpayments of disability support pension, carer’s payment, and parenting payments, arising from the failure of the Obradovics to disclose their ownership of a property at North Narrabeen. The core of the appeal was whether special circumstances existed to justify the waiver of these debts.

The legal issues before the court were whether the Obradovics were aware of their ownership of the North Narrabeen property at the relevant times, and if not, whether this lack of awareness constituted special circumstances warranting the waiver of the debts. The court was required to consider the specific circumstances of the Obradovics, including their limited education, language barriers, and Mr Obradovic's significant disability, which affected his capacity for schooling and employment.

Deputy President B W Rayment P found that the Obradovics' case was that they genuinely did not know Mr Obradovic owned the property, as his parents had intentionally kept this fact secret from them. This secrecy was allegedly motivated by a concern that Mr Obradovic, due to his vulnerability, might be taken advantage of. The court accepted that the circumstances explained by the Obradovics, including the parents' continued primary caregiving role and their desire to provide security for their son and his family, were plausible. The court concluded that these circumstances constituted special circumstances justifying the waiver of the debts.

Consequently, the court ordered that the reviewable decision of the Authorised Review Officer be set aside. In substitution, the entirety of the debts owed to the Department were wholly waived, with directions for the repayment of any amounts previously deducted from the Obradovics' social security payments.