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

Walters and Secretary, Department of Social Services (Social services second review) concerned an application for the baby bonus made by the applicant after the scheme had been repealed. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had any legal basis for her claim.

The central legal issue was whether the AAT had the jurisdiction to grant the baby bonus to the applicant, given that the relevant legislation had been repealed prior to her claim being lodged. The Tribunal had to consider if there was any legislative provision that could support the applicant's claim or grant the Tribunal authority to make a decision in her favour.

Deputy President McDermott referred to the principle that an application may be deemed frivolous or vexatious if it is "so obviously untenable or manifestly groundless as to be utterly hopeless". The Tribunal found that the legislation no longer provided for the making of a claim or payment of the baby bonus since 1 March 2014. The applicant had not articulated any legislative grounds for her claim, and the Tribunal concluded that there was no legislative mechanism under which she could apply for or be granted the baby bonus. Consequently, the application was dismissed under section 42B(1) of the relevant Act, as it had no reasonable prospects of success.