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

This matter concerned an appeal by an applicant against the Secretary of the Department of Social Services regarding the cancellation of her Jobseeker payment. The core of the dispute was whether the applicant had a reasonable excuse for failing to comply with information notices issued by the Department, which sought documents relating to her past eligibility for the payment, including information about a business she conducted. The case was heard by Deputy President McDermott of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant possessed a reasonable excuse for her non-compliance with the information notices issued under section 196 of the relevant Act. This question was central to determining the validity of the Department's decision to cancel the applicant's Jobseeker payment. The Tribunal also considered, and rejected, the applicant's arguments that the notices themselves were invalid and that their requests constituted a breach of her privacy.

The Tribunal found that the applicant had failed to provide the requested documents and that her reasons for non-compliance did not constitute a reasonable excuse. Drawing on principles from *Secretary, Department of Employment and Workplace Relations v Real*, the Tribunal emphasised that a reasonable excuse requires a satisfactory explanation for the non-compliance, not merely a consideration of all circumstances. The Tribunal also rejected the applicant's privacy argument, noting the broad powers granted by section 192 of the Administration Act to obtain information without specific limitations or requirements for consultation with other bodies. Furthermore, the Tribunal highlighted the applicant's separate and ongoing obligation under section 68 of the Administration Act to report changes in her circumstances, which she had also failed to do.

Consequently, the Tribunal declined the applicant's request for confidentiality and affirmed the Department's decision to cancel her Jobseeker payment.