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

This matter concerned an appeal by Mr Twentyman against the decision of the Secretary, Department of Social Services, to suspend and cancel his Disability Support Pension (DSP). The appeal was heard by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal. The core of the dispute revolved around whether Mr Twentyman had complied with his obligations to notify Centrelink of his travel outside Australia, which ultimately impacted his eligibility for the DSP.

The Administrative Appeals Tribunal was required to determine two primary legal issues: first, whether the Secretary's decision to cancel Mr Twentyman's DSP was the correct or preferable decision, and second, if it was not, from what date the Tribunal's decision should take effect. The Tribunal also considered the admissibility and reliability of the documentary evidence before it, noting that freedom of information requests had revealed incomplete and therefore unreliable records.

The Tribunal's reasoning acknowledged that the Secretary's representative conceded that Mr Twentyman's residency status in Australia at the time of the cancellation decision was not a relevant factor, as the relevant legislative requirement at that time focused on Australian residency at the point of first satisfying the work capacity criterion, not ongoing residency. The Tribunal also noted there was no suggestion that Mr Twentyman had failed to comply with the portability periods in force. The Tribunal reviewed Centrelink records which indicated that Mr Twentyman's difficulties began in 2004, leading to an overpayment of DSP and a review of his entitlement due to a de facto relationship. A letter sent to Mr Twentyman on 21 April 2005 clearly outlined his obligation to notify Centrelink of any planned travel outside Australia within 14 days of making the decision to go. Mr Twentyman subsequently departed Australia on two occasions in 2005, for periods of approximately one month and then nearly three months.

The Tribunal affirmed the cancellation decision.