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

This matter concerned an appeal by Whitehead against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a decision of the Secretary of the Department of Social Services. The dispute centred on the date of effect of a favourable determination regarding an age pension.

The primary legal issue before the court was whether section 43(6) of the *Administrative Appeals Tribunal Act 1975* (Cth) applied to the circumstances of the case. This section deals with the date of effect of a decision of the AAT where the decision under review is varied or substituted.

The court reasoned that because the decision under review was found to be correct under the relevant legislation, there was no decision to vary or substitute. Consequently, section 43(6) of the *Administrative Appeals Tribunal Act 1975* was not engaged. The court affirmed the decision under review.