Isherwood and Secretary, Department of Employment and Workplace Relations (Social services second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision by the Secretary, Department of Employment and Workplace Relations, to cancel the applicant's jobseeker payment (JSP). The cancellation was based on the applicant's alleged failure to comply with his reconnection requirements. The applicant had sought internal review, which affirmed the cancellation, and a first review by the Tribunal, which also affirmed the decision. The respondent submitted that the second review should vary but otherwise affirm the first review decision.

The primary legal issue before the Tribunal was whether the applicant had complied with his reconnection requirements by contacting APM (an employment services provider) on 5 October 2022. A secondary issue was the correct date from which the applicant's JSP should have been cancelled, and whether any arrears were payable on the basis that the suspension should never have occurred.

The Tribunal considered the evidence from both parties. The applicant claimed he had contacted APM on 5 October 2022, but acknowledged he had not received some postal correspondence due to mail theft and had been advised by his psychologist to avoid using his mobile phone during a difficult period. However, the respondent presented evidence from APM indicating no record of contact from the applicant between 3 and 6 October 2022, despite numerous other attempts by APM to contact him. The Tribunal found the applicant's evidence regarding contacting APM on 5 October 2022 unconvincing, concluding he likely confused conversations with other agencies. While accepting the applicant had a mental health condition and had received a medical exemption, the Tribunal found no evidence supporting his claim about his psychologist's advice regarding his phone. The Tribunal determined that the applicant was disorganised in his personal administration, which was supported by his admissions.

The Tribunal varied the first review decision to reflect that the applicant's JSP was correctly cancelled from 6 October 2022, rather than 3 October 2022, in accordance with the relevant provisions of the Administration Act. The Tribunal otherwise affirmed the decision, concluding that no arrears were payable as the cancellation date was corrected and the applicant had subsequently re-applied for and been granted JSP.