BRIEF FOR THE RESPONDENT

You are the legal representative for the Secretary of the Department of Human Services, the Respondent in this application.

Mrs. Betty Smith, the Applicant in this application, has made an application to the Administrative Appeals Tribunal (AAT) seeking a review of the decision of the Social Security Appeals Tribunal (SSAT). The SSAT has affirmed a decision by a Centrelink Authorised Review Officer (ARO) that Mrs. Smith has been overpaid the age pension and has therefore incurred a debt to the Commonwealth. Centrelink is the service provider for the Respondent.

From the information provided, you must prepare and present arguments to the AAT as to why Mrs. Smith owes the Commonwealth a debt and why that debt should not be waived.

Your argument must be in the form of submissions and should cite relevant case law and sections of the relevant Act(s) to support your arguments.

NOTE: The calculation of Mrs. Smith’s debt and overpayment is NOT an issue. Please assume that she qualifies for the age pension; that her rate of pension is correct on the basis of the information she gave to Centrelink, and the debt amount has been calculated correctly.