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

This matter concerned an appeal by Ms McPherson against a decision by the Secretary of the Department of Social Services regarding her Newstart Allowance. The dispute arose from Ms McPherson's initial online application for the allowance, where she encountered difficulties updating her contact details, specifically her address. She elected to receive communications electronically via Centrelink Online Letters. The core of the dispute revolved around whether Ms McPherson was adequately notified of the granting and subsequent cancellation of her Newstart Allowance, given the issues with her contact information. The case was heard by Mr S Evans, a Member of the Tribunal.

The legal issues before the Tribunal were whether Ms McPherson was properly notified that her Newstart Allowance was granted and subsequently cancelled, and the date of effect of any favourable determination resulting from her review application, particularly in light of section 109(2) of the *Social Security (Administration) Act 1999* (Cth). The Tribunal was required to consider the application of various legislative provisions, including the *Social Security Act 1991* (Cth), the *Social Security (Administration) Act 1999* (Cth), the *Electronic Transactions Act 1999* (Cth), and the *Acts Interpretation Act 1901* (Cth), in determining whether the decision under review should be affirmed.

The Tribunal acknowledged the difficulties Ms McPherson faced during a transitional period and her honest interactions with Centrelink. It noted that while Ms McPherson attempted to update her contact details, the system reverted to her old address, and she was advised by staff that it might take time to update. Despite a subsequent phone call from Centrelink on her correct number, where she confirmed information and was advised of further requirements, the Tribunal found that the law, specifically section 237 of the *Administration Act*, deems a notice of a decision to have been given if sent by prepaid post to the last known postal address, even if not actually received. This legal fiction, while potentially difficult for an applicant to understand, is intended to ensure consistent administration of the social security scheme. The Tribunal concluded that, based on the legislative framework, it could not provide Ms McPherson with the recourse she would find satisfactory, and therefore affirmed the decision under review.