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

This matter concerned an application for a stay order under section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth) brought by the Applicant against the Secretary of the Department of Social Services. The Applicant sought to stay a Tier 1 decision of the Administrative Appeals Tribunal concerning a Disability Support Pension.

The primary legal issue before the Tribunal was whether to grant a stay order in relation to the Applicant's Disability Support Pension, considering factors such as financial hardship and the applicant's ability to repay any debt that might arise if the substantive application were unsuccessful. The Tribunal also had to consider whether a stay order would secure the effectiveness of the hearing of the substantive matter.

The Tribunal acknowledged the significant hardship the Applicant was experiencing, including a lack of income and access to medication, which necessitated a prompt resolution of the substantive application. Citing the precedent in *Re Commonwealth Banking Corporation and Iannello* (1988) 15 ALD 418, the Tribunal indicated its intention to expedite the hearing of the substantive matter to the extent that its resources permitted. Ultimately, the Tribunal declined to grant a stay order concerning the payment of arrears but granted a stay order in relation to ongoing payments, to commence from the next pay date following the Applicant's receipt of the decision.