Noll and Secretary, Department of Agriculture, Water and the Environment (Social services second review)

This matter concerned an appeal by Mr Noll against a decision regarding his eligibility for the Farm Household Allowance (FHA). The dispute centred on whether Mr Noll, engaged in a sharefarming agreement, contributed a significant part of his labour and capital to a farm enterprise, as required for FHA eligibility. The Administrative Appeals Tribunal (AAT) was tasked with determining this issue.

The primary legal issue before the Tribunal was to assess Mr Noll’s claim for FHA within the relevant 13-week qualification period, commencing from the date he lodged his claim on 16 November 2018, and concluding on 15 February 2019. The Tribunal was required to determine if Mr Noll met the criteria for FHA during this specific period, and crucially, whether his circumstances constituted sharefarming or a different form of labour arrangement.

The Tribunal's reasoning focused on the established criteria for FHA, which require a legal right or interest in the land and a contribution of labour to the farm enterprise, potentially including capital investment. While Mr Noll asserted he had a long history of sharefarming, the Tribunal found that his arrangement involved contracting his labour in return for a share of profits, with all crop inputs paid by the farmer. This arrangement was deemed to more closely resemble working for commission rather than sharefarming, and Mr Noll could not demonstrate a legal right or interest in the land. Consequently, the Tribunal affirmed the decision under review, finding that Mr Noll was not qualified for FHA during the relevant period, despite sympathising with his difficult circumstances due to drought.