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

This matter concerned an appeal by Mr Harfouche against a decision by the Secretary of the Department of Social Services regarding the suspension and cancellation of his Newstart Allowance (NSA). The core dispute revolved around Mr Harfouche's failure to comply with a notice issued by the Department requiring him to provide specific financial information, namely a completed Real Estate Details Form (MOD R) and details of his mortgage. The Department had suspended and subsequently cancelled his NSA due to this non-compliance.

The legal issues before the Tribunal were whether Mr Harfouche had been adequately notified of the requirement to provide information, whether the notice issued was reasonable, and whether the Tribunal was satisfied that Mr Harfouche had a reasonable excuse for his failure to comply. Consequently, the Tribunal had to determine whether his NSA was correctly suspended or cancelled, and if any favourable determination was made, the date from which it should take effect.

The Tribunal considered the evidence, including departmental file notes and Mr Harfouche's own explanations for his non-compliance. Mr Harfouche provided several conflicting accounts for his failure to provide the requested information, including misinterpreting the question on an Income and Assets form and claiming he was under significant stress. He also contended that the requested MOD R had already been provided and that he did not receive the notice dated 31 May 2016. The Tribunal noted that Mr Harfouche's NSA was ultimately cancelled on 5 July 2016, after he failed to provide the requested documents. The Tribunal also considered the application of section 109 of the Administration Act regarding the date of effect for any favourable determination. The Tribunal set aside the previous decision and substituted its own, ordering that Mr Harfouche's NSA be suspended for the period from 15 June 2016 to 7 December 2016.