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

This matter concerned an appeal by an applicant against the Secretary of the Department of Social Services regarding the cancellation of his Newstart allowance. The dispute centred on whether the applicant had met the activity test requirements for receiving the allowance. The case was heard by Senior Member Bill Stefaniak AM RFD.

The primary legal issue before the tribunal was to determine whether the applicant was entitled to relief from the activity test, specifically whether he had engaged in suitable work for at least 30 hours per fortnight, earning a minimum amount, during the relevant period. The tribunal also considered whether the applicant's circumstances as a principal carer of at least one child might have entitled him to an exemption.

The tribunal reasoned that the applicant's Uber earning statements, provided after the second hearing, indicated he likely met the criteria for the Newstart allowance for the period from 2 December 2017 to 25 December 2017. While acknowledging the department's decision to cancel the allowance was not entirely illogical given the applicant's history of suspensions and reinstatements, the tribunal found the department's conclusion to be hasty, particularly as the applicant had signed a new job plan and appeared willing to comply. The tribunal accepted that the applicant had not initially provided the required documentation but was now able to do so.

The tribunal set aside the decision under review and remitted the matter to the Department of Social Services for further consideration. The tribunal directed that the applicant be paid Newstart allowance for the period from 2 December 2017 to 25 December 2017 inclusive. For the period from 26 December 2017 to 24 May 2018, the applicant was to supply his weekly Uber records to the department, and if these records satisfied the criteria of at least 30 hours of work per fortnight earning at least $18.29 per hour, then any Newstart allowance payable for that period was to be paid.