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

This matter concerned an application by the Applicant for the recusal of the Senior Member of the Social Services and Child Support Division of the Tribunal, M Evans-Bonner SM, on the grounds of apprehended bias. The Applicant sought an adjournment of the substantive hearing for her disability support pension claim, which had been ongoing since October 2016. The alleged bias arose from the Senior Member's conduct during three telephone directions hearings, which the Applicant felt had manipulated her into proceeding with the substantive hearing. The Applicant also contended that the Senior Member's experience and qualifications, or lack of disclosure thereof, contributed to her apprehension of bias.

The legal issue before the Tribunal was whether a fair-minded lay observer, having regard to all the circumstances, would reasonably apprehend that the Senior Member might not bring an impartial mind to the resolution of the issues. This required the Tribunal to apply the test for apprehended bias as established in *Ebner v Official Trustee in Bankruptcy* (2000) 205 CLR 337. The Tribunal considered the Applicant's claims of feeling "manipulated" and the assertion that the Senior Member's experience was a basis for bias.

The Tribunal found that the Applicant's claims of bias were subjective and lacked a logical connection to the Senior Member's ability to determine the issues on their merits. It was noted that the Applicant had repeatedly indicated an intention to seek legal advice or representation, and that the Tribunal had facilitated such opportunities. The Tribunal emphasised the duty of both parties to assist the Tribunal in progressing the matter. Ultimately, the Tribunal concluded that the alleged conduct did not give rise to a reasonable apprehension of bias.

The application for recusal was refused.