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

The Administrative Appeals Tribunal considered the eligibility of Mr. Smith for a Student Start-up Loan under the *Student Assistance Act 1973* (Cth). Mr. Smith had enrolled in a Bachelor of Business Studies course at Charles Sturt University, which was delivered online and structured in trimesters. The dispute centred on whether his enrolment constituted qualifying study for the purposes of Austudy, specifically whether he was undertaking an equivalent full-time student load and meeting the Austudy activity test.

The Tribunal was required to determine whether Mr. Smith's enrolment in the Bachelor of Business Studies course, as an online student undertaking study in trimesters, satisfied the definition of qualifying study for Austudy. This involved assessing whether his enrolment pattern, as reflected in the 2018 CSU Handbook and his statement of enrolment, equated to a full-time student load, defined as undertaking at least three-quarters of the normal amount of full-time study. The Tribunal also had to consider the application of the relevant Administration Guidelines and the Social Security Guide in determining these issues.

The Tribunal found that the Department had erred in its assessment of Mr. Smith's enrolment. It reasoned that the Department had not adequately considered the structure of the Bachelor of Business Studies course as delivered by Charles Sturt University, particularly its trimester system and the definition of a full-time student load within that context. The Tribunal noted that the normal course duration and pace, as outlined in the university's handbook, were crucial factors in determining the equivalent full-time student load. Consequently, the Tribunal set aside the Department's decision and remitted the matter for reconsideration with a direction to properly assess Mr. Smith's eligibility based on the trimester structure and the definition of a full-time student load.