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

This matter concerned an appeal by the applicant, Mr Dauguet, against the Secretary of the Department of Social Services regarding the cancellation of his Newstart Allowance. The dispute centred on whether the applicant had a reasonable excuse for failing to attend scheduled employment services assessments, which led to the cancellation of his allowance. The case was heard by Dr Damien Cremean, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant had a reasonable excuse, within the meaning of the *Social Security (Administration) Act 1999* (Cth), for each occasion he failed to attend an employment services assessment. The Tribunal also had to consider the evidence presented, particularly that of the applicant's wife and carer, Ms Peric, and its relevance to establishing a reasonable excuse.

Dr Cremean found Ms Peric's evidence to be confusing, unhelpful, and argumentative, and not directed to the matters in issue. While Ms Peric asserted the applicant had medical certificates and no capacity to work, and that his payments were cancelled due to a dispute with a Centrelink manager as a form of "pay-back," her testimony regarding the existence and notification of appointments was inconsistent and lacked clarity. She claimed there were "no other interviews" or only "one or two," and that she had notified providers of the applicant's inability to attend due to medical reasons. However, the Tribunal found her evidence did not establish a reasonable excuse for the failures to attend.

The Tribunal affirmed the decision under review. Dr Cremean considered the matter of Ms Peric's evidence to be serious and directed the Tribunal's Principal Registrar to refer the Reasons for Decision to an appropriate authority, potentially the Director of Public Prosecutions, for investigation.