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

This matter concerned an appeal by Mr and Mrs Wightman against a decision of the Secretary, Department of Social Services, relating to social security benefits. The appeal was heard by Senior Member Egon Fice of the Administrative Appeals Tribunal (AAT).

The central legal issue before the Tribunal was whether the time limitations for providing an actuarial certificate, as stipulated by the Social Security Act and relevant Guidelines, could be extended. This arose in circumstances where the applicants, through their financial advisor Dixon Advisory, had allegedly received incorrect advice from a Centrelink officer regarding these timeframes.

The Tribunal reasoned that while Centrelink officers aim to assist customers, they are not authorised to provide legal advice. The Tribunal emphasised that it, like the original decision-maker, is bound by the legislative provisions and the Guidelines. Section 43(1) of the AAT Act allows the Tribunal to exercise the powers and discretions of the original decision-maker, but this does not extend to expanding statutory time limitations. Therefore, the Tribunal concluded that it had no discretion to waive or extend the prescribed time limits for the provision of the actuarial certificate.

The Tribunal affirmed the original decision made on 9 August 2016, finding it to be the correct decision in accordance with the applicable legislation.