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

This matter concerned an application for review before K Parker M of the Administrative Appeals Tribunal. The applicant, Stevenson, sought a review of a decision by the Secretary, Department of Social Services, concerning the commencement date of their age pension. The respondent conceded the applicant's claim and paid the age pension, rendering the original issue in dispute resolved. The respondent then made a new decision to reflect this concession.

The primary legal issue before the Tribunal was whether the application for review retained any substance or prospects of success, given the respondent's concession and subsequent decision. The Tribunal was required to determine if there remained a live controversy to adjudicate upon.

K Parker M reasoned that once the respondent conceded the applicant's claim and made a decision to pay the age pension accordingly, the application for review no longer had any substance. The issue that had prompted the review had been resolved by the respondent's actions. Consequently, the application had no prospects of success. The Tribunal therefore dismissed the application.