Powell and Secretary, Department of Defence

Major Powell (the applicant) sought review of a decision made by the Secretary, Department of Defence (the respondent), concerning the Defence Home Ownership Assistance Scheme (DHOAS). The applicant was aggrieved by the respondent's determination that he was not entitled to a housing subsidy under the scheme, alleging maladministration and errors that caused him disadvantage. The matter came before Mr S. Webb, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant had met the criteria for the DHOAS subsidy, specifically concerning the occupation of his home prior to the drawdown of his loan, and the date on which the subsidy was payable. Relatedly, the Tribunal considered the meaning of "first authorisation date," "entitlement period," and "monthly authorisation period" within the context of the scheme's conditions for subsidy cessation. The applicant also raised issues of alleged maladministration and errors leading to disadvantage, including the payment of a subsidy even when payability criteria were not met.

The Member determined that the Tribunal's jurisdiction was confined to an "external review" of the "internal review" decision. Consequently, the Tribunal lacked jurisdiction to review the respondent's discretion regarding the home occupancy period, or decisions concerning overpayment and recovery of the subsidy. The Member found that the applicant's assertion of disadvantage stemmed from the respondent's interpretation of the DHOAS legislative framework, which the Tribunal was bound to apply. The decision under review, which affirmed the refusal to authorise continued payment of the monthly subsidy, was therefore affirmed.