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

This matter concerned an appeal by Mr Megalokonomos against a decision of the Secretary, Department of Social Services, which affirmed a debt raised by Centrelink for an overpayment of ABSTUDY. The dispute arose because Mr Megalokonomos had indicated to Centrelink that he was commencing full-time study, but subsequently entered full-time employment and did not notify Centrelink of this change in circumstances, continuing to receive ABSTUDY payments. The case was heard by Mr P W Taylor SC, Senior Member.

The primary legal issue before the Tribunal was whether Mr Megalokonomos had, in fact, disclosed his change of circumstances, specifically his cessation of full-time study and commencement of full-time employment, to Centrelink at an earlier time, thereby negating the debt. Centrelink contended that Mr Megalokonomos had not disclosed this change prior to 25 March 2015, and that his own admissions and the available records supported this position.

The Tribunal considered the evidence presented by both parties, including Centrelink's records of telephone conversations on 11 February 2015, which noted a "change in earnings details" but not the commencement of full-time work or the abandonment of study plans. The Tribunal found Mr Megalokonomos' recollection of events to be imprecise and his version of events implausible, noting the absence of corroborating evidence for his claim to have previously disclosed his full-time employment and decision not to pursue the design course. Despite the Social Services and Child Support Decision (SS&CSD) having previously accepted that Mr Megalokonomos may have provided information about ceasing his TAFE course and working on 11 February 2015, the Tribunal was not satisfied that reliable evidence supported a notification of study cessation at an earlier time.

Ultimately, the Tribunal was not satisfied that there was any basis for writing off the debt. Accordingly, the decision under review was affirmed.