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

This matter concerned an appeal by Mr Harafias against the Secretary of the Department of Social Services regarding the cancellation of his Newstart allowance. The dispute centred on whether Mr Harafias satisfied the activity test for receiving the allowance, or if he should be exempt from it. The decision was made by Dr T Nicoletti, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Mr Harafias met the requirements of the activity test for the Newstart allowance. This involved considering the definition of "unemployed" in the relevant legislation and whether Mr Harafias' circumstances, specifically being on bail, impacted his eligibility. The Tribunal also had to consider if any exemption from the activity test was applicable to his situation.

The Tribunal reasoned that Mr Harafias' status of being on bail meant he did not satisfy the definition of "unemployed" as required by the legislation. Consequently, he failed to meet the activity test. The Tribunal found no basis for exempting Mr Harafias from the activity test. Accordingly, the Tribunal affirmed the decision to cancel Mr Harafias’ Newstart allowance pursuant to section 80 of the *Social Security (Administration) Act 1999* (Cth).