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

This matter concerned an appeal by the applicant, Mr Taylor, against a decision by the Department of Social Services to require him to repay social security debts totalling $22,115.30. The applicant had falsely claimed job search allowance under several assumed identities and received payments to which he was not entitled, resulting in the debt. The applicant sought to have this debt waived. The decision was made by Senior Member D. J. Morris of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant had received benefits to which he was not entitled, whether this constituted an overpayment creating a debt to the Commonwealth, and whether any part of this debt should be waived under the relevant statutory provisions. The applicant argued that the decision was incorrect because there was no evidence he received any money, that the evidence had not been examined in a court of law, and that the decision was arbitrary and lacked procedural fairness.

The Tribunal considered the applicant's admissions and denials in relation to the claims. It noted that the applicant did not deny lodging fake claims for job search allowance, but rather challenged the basis of the findings without criminal charges being laid. The applicant admitted knowing the individuals under whose names the claims were made and preparing tax returns for fellow prisoners, including these individuals. Despite initial denials or claims of not recalling, documentary evidence and further questioning led to admissions or inconsistencies in his testimony. The Tribunal found the High Court authority in *Bradshaw v McEwans Pty Ltd* germane to the standard of satisfaction required in such cases. Applying these principles, the Tribunal was satisfied that the applicant had received benefits to which he was not entitled, that this constituted an overpayment creating a debt to the Commonwealth, and that no part of this debt should be waived.

The Tribunal affirmed the decision of the Social Services and Child Support Division dated 17 July 2020. The applicant was found to have a debt to the Commonwealth totalling $22,115.30, and it was determined that this debt should not be waived.