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

This matter concerned an application by ZVTL for review of a decision by the Secretary, Department of Social Services, regarding an Austudy debt owed to the Commonwealth. The core dispute revolved around whether ZVTL had qualified for Austudy payments during a specific period and, if not, whether the resulting debt should be waived, written off, or set aside. The review was heard by Professor R McCallum AO, Member.

The Tribunal was required to determine two primary legal issues. Firstly, whether ZVTL qualified for Austudy payments between 18 August 2016 and 3 March 2017, by reference to the provisions of the *Social Security Act 1991* (Cth), particularly sections 568, 569, 569A, and 569C, which govern qualification, the activity test, undertaking qualifying study, and the definition of a full-time student. Secondly, if ZVTL did not qualify and a recoverable debt was established, whether there were sufficient grounds to write off, waive, or set aside that debt.

The Tribunal found that ZVTL did not satisfy the criteria for undertaking qualifying study under section 569A of the *Social Security Act 1991* (Cth) because he was not a full-time student throughout the relevant period, as defined by section 569C. The Member noted that ZVTL was evasive in his evidence. The Tribunal concluded that the debt was recoverable at law, and given that ZVTL had knowingly failed to report his change in study status and possessed the capacity to repay the debt, there were no special circumstances to justify waiving it. Consequently, the decision under review was affirmed.