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

This matter concerned an appeal by Mr Campagna to the Administrative Appeals Tribunal (AAT) regarding a debt raised by Centrelink for Family Tax Benefit (FTB) overpayments. The debt arose from Centrelink's inability to confirm Mr Campagna's income with the Australian Tax Office (ATO) for the 2013-2014 financial year, resulting in an initial repayment demand of $11,091.87. Subsequent assessments and internal reviews led to revised debts, including a debt of $878.18 for the 2013-2014 financial year, which was later reduced to $478.80 after Mr Campagna presented further documentation. Mr Campagna contended that the errors leading to the debt were solely attributable to the ATO and the Department of Human Services (DHS), and that he had provided correct information.

The primary legal issue before the Tribunal was whether the remaining FTB debt of $478.80 for the 2013-2014 financial year should be waived or written off, pursuant to section 101 of the *Social Security Act 1991* (Cth) (the Act). Section 101 permits waiver if the debt did not result wholly or partly from the debtor knowingly making a false statement or failing to comply with the family assistance law, and if there were special circumstances (other than financial hardship alone) making waiver desirable, and if it was more appropriate to waive than to write off the debt.

The Tribunal considered Mr Campagna's submission that the debt was a result of errors made by the ATO and DHS, and that he had not contributed to these errors. However, the Tribunal found that Mr Campagna had not satisfied the criteria under section 101 of the Act. Specifically, the Tribunal determined that it was not appropriate to write off the debt, and therefore Mr Campagna failed to meet the requirement under section 101(c).

Consequently, the Tribunal affirmed the decision under review, meaning the debt remained recoverable.