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

This matter concerned a review by Dr L Bygrave of the Administrative Appeals Tribunal of decisions made by the Secretary of the Department of Social Services regarding Ms Dubroja. The central dispute revolved around whether Ms Dubroja and Mr Dubroja were members of a couple for social security purposes, which in turn affected the rate of payments Ms Dubroja received, including parenting payment, carer payment, and family tax benefit, and whether debts had been incurred.

The Tribunal was required to determine whether Ms Dubroja and Mr Dubroja were members of a couple from 28 February 2012 onwards, considering all the circumstances of their relationship as outlined in subsection 4(3) of the relevant Act. This included examining the financial aspects, the nature of their household, the social aspects of their relationship, any sexual relationship, and the nature of their commitment to each other. The Tribunal also needed to determine if Ms Dubroja had incurred debts for parenting payment single, carer payment, and family tax benefit, and if so, whether these debts should be recovered or waived.

In reaching its decision, the Tribunal weighed the evidence, noting inconsistencies and contradictions in the documentation and oral evidence provided by Ms Dubroja and Mr Dubroja. The Tribunal found their oral evidence to be ambiguous, evasive, and at times implausible, raising significant credibility concerns. Despite repeated inquiries from Centrelink since 2007, no objective evidence was provided to support their claims of not being in a relationship. The Tribunal concluded that, based on the totality of the evidence, Ms Dubroja and Mr Dubroja had been members of a couple from 28 February 2012 to the present. The Tribunal also noted that the provisions for not treating a person as a member of a couple under section 24 of the Act were not applicable as they were not legally married. The decision then proceeded to address the resulting debts.