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

This matter concerned an appeal by Ms Shevki against a decision by the Secretary, Department of Social Services, to stop her Newstart Allowance. Ms Shevki had been receiving the allowance since January 2014 and had been exempt from meeting activity test requirements due to ill health for a significant portion of that period. The dispute arose when Centrelink ceased her payments, alleging non-attendance at a scheduled appointment with her employment service provider, Matchworks, on 17 February 2016, and a failure to provide a valid medical certificate to excuse her absence. The Administrative Appeals Tribunal (AAT) affirmed the decision under review.

The primary legal issues before the AAT were whether Ms Shevki was exempt from the activity test on 17 February 2016, and if not, whether she had a reasonable excuse for failing to attend her appointment with Matchworks without providing prior notice. Specifically, the Tribunal had to determine if Ms Shevki had complied with the requirement to lodge a new medical certificate after her previous exemption period expired on 15 December 2015, and whether her explanation for not attending the 17 February 2016 appointment constituted a reasonable excuse, particularly in light of the requirement to provide prior notice of non-attendance.

The Tribunal reasoned that Ms Shevki was not exempt from the activity test from 16 December 2015 because she failed to submit a new medical certificate at the expiration of her previous exemption period. It found that a medical certificate lodged three months later, on 29 March 2016, did not satisfy the legislative requirements. Regarding the missed appointment, the Tribunal was not satisfied that Ms Shevki had notified Matchworks prior to 17 February 2016 of her inability to attend. While acknowledging that an appointment at the Eye and Ear Hospital on the same day could be a reason to reschedule, it was not considered a reasonable excuse for failing to attend without prior notice. The Tribunal found Ms Shevki's explanations for non-attendance implausible and concluded she had not contacted Matchworks beforehand.

Consequently, the Tribunal found that Ms Shevki had not provided a reasonable excuse for failing to attend her scheduled appointment with Matchworks on 17 February 2016 without prior notice. As a result, she was subject to a non-attendance penalty, and her Newstart Allowance was correctly stopped from 17 February 2016 until 21 March 2016, the date she reconnected with Centrelink.