MANIKANTAN and Secretary, Department of Education (Social services second review)

This matter concerned an appeal by Mr Manikantan against the cancellation of his Newstart Allowance (NSA) payments. The dispute centred on whether the Secretary of the Department of Education could require Mr Manikantan to enter into a new Employment Pathway Plan (EPP) after his original plan had expired, and whether his subsequent failure to comply with reporting obligations justified the cancellation of his payments. The case was heard by the Administrative Appeals Tribunal (AAT).

The legal issues before the Tribunal were whether the Secretary was entitled to require Mr Manikantan to enter into a new EPP, whether the original EPP had expired, if the notices provided to Mr Manikantan were valid under social security law, and whether Mr Manikantan had failed to meet his mutual reporting obligations. The Tribunal was also required to determine whether the cancellation of his NSA payments was an automatic or manual process.

The Tribunal reasoned that Mr Manikantan did not have an existing job plan at the relevant time, and therefore the Secretary was entitled to require him to enter into a new EPP, even if he did not agree with its terms. The Tribunal found that the proposed EPP was reasonable and that Mr Manikantan's subsequent failure to report to the Department on specific dates constituted a breach of his reporting obligations. Consequently, the Tribunal concluded that the cancellation of his NSA on 7 November 2016 was lawful and an automatic process under section 95(1) of the relevant Act. The Tribunal affirmed the previous AAT decision.