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

This matter concerned an appeal by the Secretary of the Department of Social Services against a decision of the Administrative Appeals Tribunal (AAT1). The AAT1 had found that Mr Drum, a 16-year-old student, was entitled to youth allowance based on his need to live away from home to pursue his secondary education. The Secretary contended that the AAT1 erred in finding that Mr Drum was required to live away from home because his educational needs could not be met by local state schools.

The primary legal issue before the Tribunal was whether Mr Drum met the criteria for youth allowance, specifically the requirement to live away from home to study. This involved determining whether his local secondary schools were inadequate to meet his educational needs and aspirations, particularly his goal of achieving a high ATAR score for a law degree at Swinburne University, which offered fee discounts for high achievers. The Tribunal also considered the weight to be given to the Social Security Act 1991 and relevant policy guidelines.

The Tribunal reasoned that Mr Drum had bypassed local schools that would have provided him with a sufficient standard of education to achieve his employment goals. While acknowledging Mr Drum's aspirations and the benefits of attending Ballarat Clarendon College, the Tribunal found that the local schools offered suitable educational choices and opportunities for him to pursue his career interest in law. The Tribunal concluded that Mr Drum was not required to live away from home for his education, as the local options were adequate.

Consequently, the Tribunal set aside the decision of the AAT1 and substituted a new decision finding that Mr Drum was not entitled to youth allowance for living away from home.