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

This matter concerned an appeal by the applicant, Mr Tanious, against a decision by the Secretary of the Department of Social Services to affirm an eight-week non-payment period for Newstart allowance. The dispute arose from the applicant's failure to enter into a Job Plan with his job provider, which the Department considered a serious failure to meet his mutual obligation requirements.

The Administrative Appeals Tribunal was required to determine whether the applicant had a reasonable excuse for his failure to enter into the Job Plan. Specifically, the Tribunal needed to consider the applicant's disagreement with the proposed activity requirements within the Job Plan, his assertion that travel time to Centrelink should be taken into account, and his engagement in poultry farming as a business or hobby.

The Tribunal noted that the applicant, an overseas-trained general practitioner, had been receiving Newstart allowance since 2011. He expressed a willingness to search for work in his field and attend appointments, but refused to sign the Job Plan due to disagreements with the assessed activity requirements. He proposed a reduced activity schedule, citing travel time, and referred to legislative provisions that were found not to apply to his situation. The applicant also disclosed his involvement in poultry farming, which he described inconsistently as both a business and a hobby, and provided an ABN for this activity. The Tribunal found that the applicant's reasons for not entering the Job Plan did not constitute a reasonable excuse for his failure to meet his mutual obligation requirements.

The Tribunal affirmed the Secretary's decision, confirming that the applicant had undergone an eight-week non-payment period for the Newstart allowance, which commenced on 1 October 2016 and concluded on 20 November 2016.