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

The applicant, Sweeney, sought a stay of a decision made by the Administrative Appeals Tribunal (AAT) pending the determination of an appeal to the Federal Court of Australia. The respondent was the Secretary of the Department of Social Services. The dispute concerned the granting of a stay order in relation to the AAT's decision.

The primary legal issue before the Senior Member was whether to grant a stay of the AAT's decision. This required consideration of the interests of all parties who might be affected by the granting or refusal of such an order.

The Senior Member reasoned that the Secretary had established that there was an arguable case for the AAT's decision to be reviewed. Consequently, a stay of the AAT's decision was granted.