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

The Administrative Appeals Tribunal (AAT) considered a dispute between Mr Drake and the Secretary, Department of Social Services, concerning the cancellation of Mr Drake's Newstart Allowance and the subsequent raising of a debt. The core of the disagreement revolved around Mr Drake's failure to regularly report income protection payments he received. The AAT, presided over by Member Rob Reitano, was tasked with reviewing the Department's decision.

The legal issues before the Tribunal were whether the debt raised against Mr Drake should be waived due to sole administrative error, and alternatively, whether special circumstances existed that would warrant such a waiver. Mr Drake had been in receipt of Newstart Allowance from January 2013 to April 2019. While the Department had informed him of his reporting obligations, including notifying them of compensation payments, Mr Drake claimed he did not recall receiving a specific letter from January 2013 detailing these requirements. He later provided information about income protection payments in September 2014, which he claimed to have previously disclosed to the Department, being advised that the matter would be resolved when he lodged his tax returns.

The Tribunal found that while it was probable the letter of 2 January 2013 was sent to Mr Drake, he did not recall its contents. However, his own statement that most correspondence from the Department said "basically the same things" suggested an awareness of his reporting obligations. The Tribunal was unable to find that the debt should be waived due to sole administrative error, nor could it identify special circumstances that made it desirable to waive the debt. Consequently, the Tribunal affirmed the decision under review.