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

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of decisions made by the Secretary of the Department of Social Services regarding debts raised against RDBG for alleged overpayments of Family Tax Benefit (FTB) across two distinct periods. The dispute centred on whether these debts were correctly raised and, if so, whether they should be waived or written off.

The primary legal issues before the Tribunal were whether the FTB debts raised against RDBG were properly calculated and raised, and subsequently, whether the Tribunal should exercise its discretion to waive the recovery of, or write off, any part or all of these debts. The Tribunal was required to consider the legislative framework governing the creation of FTB debts, including section 71 of the Administration Act, and the provisions for writing off debts under section 95, waiving debts due to administrative error under section 97, and waiving debts in special circumstances under section 101.

The Tribunal affirmed that the debts were properly raised against RDBG due to overpayments of FTB during the specified periods, as per section 71 of the Administration Act. However, the Tribunal's focus shifted to the discretionary powers to waive or write off the debts. It considered the previous decision of the AAT which had waived the debt for the first period and varied the debt for the second period based on a recalculated care percentage. The Tribunal also took into account the Family Assistance Guide and RDBG's contentions regarding the circumstances surrounding the overpayments and the notification of changes in care arrangements. Ultimately, the Tribunal found that the debts were properly raised, and the remaining issues concerned the exercise of discretion regarding waiver or write-off.