Thompson and Secretary, Department of Employment; Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Thompson against decisions of the Administrative Appeals Tribunal (AAT) affirming the cancellation of his Newstart Allowance (NSA). The dispute centred on whether Mr Thompson had failed to comply with the activity test and meet the requirements of a job seeker, thereby rendering him ineligible for NSA.

The primary legal issue before the court was to determine the nature and effect of the decisions made by Centrelink on 15 February 2016 and 26 February 2016. Specifically, the court had to consider whether the latter decision was merely an affirmation of the former, or a separate and distinct determination regarding Mr Thompson's eligibility for NSA. The court was also required to assess whether Mr Thompson had, in fact, failed to meet the criteria for receiving NSA.

The court reasoned that the determination made on 26 February 2016 was a separate decision from the automatic cancellation on 15 February 2016. This was because the 26 February decision explicitly addressed Mr Thompson's qualification for NSA, finding that he did not meet the definition of a job seeker. The court noted a pattern of late reporting and non-compliance with Job Plan requirements, including repeated refusals to sign a Job Plan. Evidence from Mr Thompson's employment services provider suggested he had indicated he did not need to undertake certain activities and believed Centrelink was amenable to this. The court was satisfied that Mr Thompson had not demonstrated he was genuinely looking for work, participating with his provider, or meeting mutual obligation requirements, leading to the re-cancellation of his payment from 16 January 2016 under section 80 of the Social Security Act 1999.

Consequently, the court affirmed the decisions of the AAT dated 20 June 2016 and 18 August 2016.