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

This matter concerned an appeal by Rose Inston against a decision by the Secretary of the Department of Social Services to cancel and then regrant her mobility allowance. The core of the dispute revolved around whether the applicant met the criteria for the allowance, specifically concerning her participation in vocational training and voluntary work.

The legal issues before the court were whether the applicant satisfied the requirements of paragraph 1035(1)(g)(iii) of the Social Security Act 1991 (Cth), which mandates undertaking vocational training and voluntary work for at least 32 hours in every four weeks on a continuing basis. Additionally, the court had to determine whether the applicant was required to travel to and from her home for these purposes, as stipulated by subsection 1035(2) of the Act.

The court considered evidence relating to the applicant's enrolment in TAFE SA courses, including start and end dates for semesters and individual subjects, as well as her engagement with course materials and assignments. It also examined a letter from the Middleton Arts & Crafts Association Inc confirming the applicant's volunteer work, detailing the frequency and duration of her attendance. The court's findings of fact, derived from this evidence, were central to its determination of whether the applicant met the statutory requirements for the mobility allowance.