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

This matter concerned an appeal by Mr Wissing against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' decision to levy a compensation charge against Mr Wissing's insurer. The dispute centred on whether Mr Wissing was entitled to receive both compensation payments and an invalid pension for a period in question, and the application of relevant legislative provisions concerning compensation recovery.

The primary legal issue before the Tribunal was whether the Secretary had correctly applied section 153 of the *Social Services Consolidation Act 1947* (Cth) to impose a compensation charge. This involved determining if preventing Mr Wissing from receiving both compensation and the pension for the same period was just and fair, and whether the Secretary had sufficient information to confirm the accuracy of past calculations. The Tribunal also considered whether any special circumstances existed that would warrant an exception to the general rule.

The Tribunal accepted the submission that preventing double recovery of payments was the intended purpose of section 153 of the *Social Services Consolidation Act 1947*. It noted that the insurer had insufficient information to definitively confirm the accuracy of calculations made approximately 25 years prior, but that Mr Wissing had not disputed the calculated amount. Consequently, the Tribunal found that the application of section 153(3)(e) of the Act resulted in a compensation charge being levied against the insurer. The Tribunal concluded that the significant lapse of time had led to the loss of relevant documentary evidence, and that Mr Wissing had not provided sufficient objective evidence to support his claims or to establish special circumstances. Accordingly, the Tribunal affirmed the AAT's decision.