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

The Administrative Appeals Tribunal considered a dispute between Mr. Ward and the Secretary of the Department of Social Services concerning the suspension of Mr. Ward's age pension. The core of the disagreement revolved around Mr. Ward's failure to provide requested financial information to the Department, which led to the suspension of his pension.

The Tribunal was tasked with determining several key legal issues. These included whether the Department had validly issued a notice requiring Mr. Ward to provide information under the relevant provisions of the Social Security (Administration) Act 1999. Furthermore, the Tribunal had to assess whether the specific information requested was reasonable, and if Mr. Ward possessed a reasonable excuse for his non-compliance with the notice. Finally, the Tribunal needed to decide if the Department's subsequent suspension of Mr. Ward's age pension was correctly applied.

In its reasoning, the Tribunal found that the Department's notice dated 22 March 2017, which sought tax returns and financial statements for two companies in which Mr. Ward had been the sole shareholder, was validly issued under section 63 of the Administration Act. The Tribunal considered the request reasonable, given its potential implications for Mr. Ward's income and assets and, consequently, his age pension entitlement. Mr. Ward's assertion that he could not comply due to his directorial duties and a perceived breach of the Corporations Act 2001 was not accepted as a reasonable excuse. The Tribunal noted that Mr. Ward had not demonstrated any attempt to obtain the information directly from the companies and that his subsequent Freedom of Information request was made after the deadline for compliance.

Consequently, the Tribunal concluded that Mr. Ward had failed to comply with a valid notice and did not have a reasonable excuse for this non-compliance. Therefore, the Department's decision to suspend Mr. Ward's age pension from 11 April 2017 was affirmed.