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

The Administrative Appeals Tribunal (AAT) considered the case of Cullen and the Secretary, Department of Social Services, concerning the cancellation of the applicant's Newstart Allowance (NSA). The dispute arose from the applicant's alleged refusal or failure to accept an offer of suitable employment.

The AAT was required to determine two key issues: first, whether the applicant refused or failed to accept an offer of suitable employment on 29 August 2018; and second, if he did, whether he had a reasonable excuse for that refusal or failure. The applicant had entered into a Job Plan with a Disability Employment Service provider, which included mutual obligations to seek and accept suitable employment in return for receiving NSA.

The Tribunal found that while there may have been a misunderstanding regarding the specific job and interview time, the applicant's evidence was inconsistent. Based on the evidence presented, including statements from the applicant, the prospective employer, and the employment service provider, the Tribunal concluded that the applicant had refused or failed to accept the offer of suitable employment. The Tribunal was not persuaded that the applicant had a reasonable excuse for this refusal, finding instead that he did not want the job as he did not consider it suitable and preferred to pursue training for a position in the mines. Consequently, the Tribunal affirmed the decision to cancel the applicant's NSA.