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

The Administrative Appeals Tribunal considered the case of Reilly and the Secretary, Department of Social Services concerning an application for paid parental leave. The applicant, who owned and operated a fitness studio, sought to review a decision regarding her eligibility for paid parental leave. The core of the dispute revolved around whether the applicant had returned to work before lodging an effective claim and, if so, whether that work was for a permissible purpose under the relevant legislation.

The Tribunal was required to determine two primary legal issues. Firstly, on what date was an effective claim for paid parental leave lodged by the applicant? Secondly, had the applicant returned to work, as defined by the Social Security Act 1991 (Cth), prior to the date of her effective claim? This involved considering the specific provisions relating to when a person is considered to have returned to work and the definition of "permissible purpose" for self-employed individuals.

The Tribunal reasoned that the applicant's initial contact and completion of a Newborn Child Declaration did not constitute an effective claim for paid parental leave. Instead, the evidence indicated that an effective claim was lodged on 21 December 2017, when the Department received and registered the applicant's Paid Parental Leave Claim Form. The Tribunal acknowledged the applicant's personal difficulties, including those related to domestic violence, which may have contributed to confusion in the application process. Regarding the return to work, the Tribunal noted that for self-employed individuals, work is considered for a permissible purpose if it involves overseeing the business or performing occasional administrative tasks, but not if it involves actively running or maintaining the daily operations of the business.

Ultimately, the Tribunal found that the applicant had not submitted an effective claim prior to 21 December 2017. However, the question of whether she had returned to work for a non-permissible purpose before that date required further consideration. Consequently, the Tribunal set aside the original decision and remitted the matter for reconsideration, with directions to determine the applicant's return to work status in light of the established legal principles.