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

This matter concerned two applications for review before Senior Member Theodore Tavoularis of the Administrative Appeals Tribunal. The first application related to a decision concerning Disability Support Payments (DSP), and the second concerned Mobility Allowance Payments (MOB). The applicant sought a review of decisions made by the Social Services and Child Support Division, which had previously rejected her claims for these payments.

The primary legal issues before the Tribunal were whether the applicant had received adequate notice of the initial DSP rejection decision and, consequently, when she had effectively lodged a request for review of that decision. The Tribunal was also required to consider the application for review of the MOB payment decision, in light of the applicant being a participant in the National Disability Insurance Scheme (NDIS).

The Tribunal found that the applicant had been issued with a notice of the DSP rejection to her recorded address, and that this notice informed her of the 13-week timeframe for seeking a review. The applicant's first request for review of the DSP decision was made on 24 May 2023, significantly outside the stipulated period. Furthermore, the Tribunal noted that the applicant was already in receipt of DSP from a subsequent grant made on 6 October 2022, rendering any review of the earlier rejection decision futile and without practical utility. Similarly, for the MOB payment, the Tribunal concluded that a review would yield no different or more favourable outcome for the applicant, particularly given her NDIS participation.

Consequently, the Tribunal determined that both applications for review had no reasonable prospects of success and were incapable of sustaining ventilation. The Tribunal issued orders dismissing both applications pursuant to section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975 (Cth).