Snow v Secretary, Department of Social Security

The appeal was brought by the applicant against the decision of the Administrative Appeals Tribunal (AAT) to order payment of pension arrears from August 2017. The applicant argued that the Tribunal failed to take into account relevant considerations and evidence, exercised various discretionary powers in bad faith, and misconstrued sections 109(5) and 126 of the Social Security (Administration) Act 1999 (Cth). The applicant also claimed that the Tribunal acted in bad faith by refusing to grant a review under section 126 of the Act. The central issue was the date on which the Trust, which the applicant had been the sole beneficiary and trustee of, ceased to exist. The applicant argued that the Trust ceased to exist on 23 December 2009, while the Tribunal found it to have ceased on 18 May 2010.

The court found that the Tribunal did not fail to take into account relevant considerations or evidence, nor did it exercise its discretionary powers in bad faith. The court held that the Tribunal correctly found that the Trust ceased to exist on 18 May 2010, as the applicant, as the sole trustee and beneficiary, held property in trust simply for himself. The court also held that the Tribunal did not misconstrue sections 109(5) and 126 of the Act, and did not act in bad faith by refusing to grant a review under section 126. The court concluded that the Tribunal's decision to limit its jurisdiction to the date the applicant first asked for a review, namely August 2017, was correct.

The appeal was dismissed, and the order was that the appeal is dismissed. The court did not make any further orders as the applicant's arguments were not successful. The decision serves as a reminder that the AAT's jurisdiction is limited by the date a review is sought, and that the Tribunal's findings of fact are not to be overturned unless they result from an error of law.