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

This matter concerned an appeal by the Secretary of the Department of Social Services against a decision of the Administrative Appeals Tribunal. The dispute centred on a parenting payment (partnered) debt of $37,988.13 owed by the respondent to the Department, which the Tribunal had previously set aside. The Department argued that the respondent had failed to fully disclose her partner's income during the relevant period, leading to an overpayment of parenting payments.

The primary legal issue before the court was whether the Administrative Appeals Tribunal had erred in setting aside the debt and whether the respondent was entitled to a waiver of the debt under section 1237AAD of the Social Security Act 1991. This section allows for a waiver of debt in special circumstances, provided the overpayment was not caused solely by administrative error and the recipient did not knowingly make a false statement or fail to comply with their obligations. The court also considered the respondent's obligation to report changes in her circumstances, including her partner's income, and the extent to which the Department's communications adequately informed her of these obligations.

The court found that the respondent had a continuing obligation to report her partner's income, even when she was not on fortnightly reporting. The evidence showed multiple instances where the Department had communicated reporting requirements and thresholds to the respondent, including specific letters reminding her of her obligation to report if her partner's income exceeded $914.00 a fortnight. The court noted that the respondent's partner had periods of employment and income, such as working for Conslab Concrete Pty Ltd and as an Uber driver, which were not consistently or fully disclosed. The court concluded that the overpayment was not solely caused by administrative error and that the respondent had not demonstrated special circumstances warranting a waiver of the debt.

Consequently, the Administrative Appeals Tribunal's decision to set aside the debt was overturned. The decision of the authorised review officer of the Department of Human Services, which established the parenting payment (partnered) debt of $37,988.13 for the period 18 March 2014 until 7 May 2018, was reinstated.