I have appealed a recent decision(Opens in a new tab/window) by the Guidance and Appeals Panel (GAP) of the Administrative Review Tribunal (ART) (The Estate of SZJYT and TXPV and Secretary, Department of Social Services) to the Federal Court.
The GAP’s decision concerned the interaction between the debt, rate determination and date of effect provisions of the social security law. The GAP rejected the interpretation of the law advanced by my Department.
While the GAP’s decision led to a favourable outcome for the individuals in that case, I was, and remain, concerned that the GAP’s interpretation of the law could lead to unintended negative outcomes for individuals in other cases.
I have carefully considered the legal position, and I remain confident in the interpretation of the law advanced on my behalf by my Department. I therefore directed my Department to file this appeal to clarify whether that interpretation is correct, having regard to the Administrative Review Council’s recently published Statement of Position – Agency Implementation of Court and Tribunal Decisions.
The appeal is currently expected to be heard by the Full Court of the Federal Court in November this year. While the appeal is before the Federal Court, Services Australia will continue to raise debts and progress internal reviews in accordance with the Department’s interpretation of the law. For related matters before the ART, I will make submissions in accordance with the Department’s interpretation and seek to have those matters held in abeyance until the outcome of the appeal before the Federal Court is known.