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

This matter concerned a review of decisions by the Secretary of the Department of Social Services regarding the rate of payment for Mr Renwick's Disability Support Pension. The central dispute was whether Mr Renwick and Mr Ogston were members of a couple for the purposes of the relevant social security legislation. The review was heard by Mr R Reitano, a Member of the Tribunal.

The legal issue before the Tribunal was to determine whether, in the Secretary's opinion, the relationship between Mr Renwick and Mr Ogston constituted a de facto relationship, thereby classifying them as a "couple" under the Act. This required the Tribunal to consider all the circumstances of their relationship, particularly the financial aspects, the nature of their household, their social interactions, and the nature of their commitment to each other, as mandated by the legislation.

The Tribunal reasoned that the definition of a "de facto relationship" under the Act was to be assessed by considering whether the domestic arrangement between the individuals could be characterised as "marriage-like". While acknowledging that Mr Renwick and Mr Ogston did not have a romantic or sexual relationship and slept in separate bedrooms, the Tribunal found that their long-term cohabitation of over twenty-five years, their sharing of household expenses and chores, their joint holidays and social activities, and their mutual emotional support pointed strongly towards a de facto relationship. The Tribunal concluded that, when viewed objectively and having regard to the statutory criteria, their relationship exhibited the hallmarks of a marriage-like arrangement, leading to the affirmation of the Secretary's decisions.