Fayez and Secretary, Department of Jobs and Small Business (Social services second review)

This matter concerned an appeal by Mr Fayez against a decision by the Secretary, Department of Jobs and Small Business, to impose a penalty payment for failing to attend an appointment with his employment services provider. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Fayez had a reasonable excuse for his non-attendance.

The central legal issue before the Tribunal was whether Mr Fayez possessed a reasonable excuse for failing to attend his scheduled appointment with MatchWorks on 14 March 2018. Specifically, the Tribunal had to consider the legislative framework, including section 42B of the Administration Act, which outlines the objects of the relevant Division, emphasising encouragement of employment participation and compliance with obligations, while also providing for reasonable excuses. The Tribunal also had to assess whether Mr Fayez's stated reason for non-attendance was valid, and crucially, whether he had provided adequate prior notice of his inability to attend, as required by the compliance warning notice issued by MatchWorks.

The Tribunal considered the evidence, including Mr Fayez's mobile phone records and the report from MatchWorks. The report indicated that Mr Fayez had provided notice of his non-attendance, but the reason given – that he did not want to attend in the morning – was not considered valid by the provider, who had offered alternative afternoon appointments. The Tribunal noted that the compliance warning notice explicitly stated that failure to provide a valid reason and give prior notice could still result in a penalty, even if a reason for non-attendance was thought to exist. The Tribunal found that Mr Fayez's stated reason was not a reasonable excuse, and his conduct suggested an attempt to "work the system." Consequently, the Tribunal affirmed the decision under review, finding Mr Fayez liable for a non-attendance penalty of $109.62.