Wang and Secretary, Department of Employment (Social services second review)

This matter concerned an appeal by Ms Wang against the Secretary of the Department of Employment regarding the cancellation of her Newstart allowance. The dispute arose from Ms Wang's alleged failure to comply with her job-seeking obligations, specifically by failing to attend appointments with her employment services provider and failing to enter into a Job Plan. The decision was made by Ms N Isenberg, Senior Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Wang had a reasonable excuse for her failure to attend appointments with her employment services provider and to enter into a Job Plan, and consequently, whether the Secretary's decision to cancel her Newstart allowance was correct. The Tribunal considered the provisions of the *Social Security (Administration) Act 1999* (Cth), particularly sections 80 and 42Z, which empower the Secretary to cancel or suspend payments if a recipient is not qualified or the payment is not payable, and that this power is not affected by other divisions concerning participation payments.

The Tribunal found that Ms Wang had previously entered into Job Plans and was aware of her obligations. Despite being notified of an appointment with her new employment services provider, ESG, on 1 October 2015, she failed to attend and denied having been contacted by ESG. This led to the suspension and subsequent cancellation of her Newstart allowance. Although her allowance was later restored after she contacted Centrelink and indicated an intention to claim a disability support pension, there was no indication she was excused from her Newstart obligations. She was subsequently notified of another required appointment on 17 November 2015, which she also failed to attend, and did not contact ESG to provide a reason. The Tribunal concluded that Ms Wang had not provided a reasonable excuse for these failures, and therefore the decision to cancel her Newstart allowance was correct.