Sekhon v Secretary, Department of Family and Community Services [2003] FCAFC 190

FEDERAL COURT OF AUSTRALIA

Sekhon v Secretary, Department of Family and Community Services [2003] FCAFC 190 Social Security – repayment of benefits following compensation payment – waiver of repayment debt – decision to seek repayment from person who received compensation rather than from insurer – decision the result of an administrative error making it inappropriate to recover from the insurer – repayment nevertheless properly available from person who received compensation – causation - whether debt "attributable solely to administrative error" WORDS AND PHRASES – "attributable solely to administrative error" Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) ss 1166, 1170, 1179, 1235(1), 1237, 1237(1), 1237(3), 1237A, 1237AAD Commonwealth v Verwayen (1990) 170 CLR 394 cited Secretary, Department of Family and Community Services v Sekhon [2003] FCA 76 cited I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd (2002) 192 ALR 1 cited Tame v New South Wales (2002) 191 ALR 449 cited Jahazi v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 293 cited Jazazievska v Secretary Department of Family and Community Services [2000] FCA 1484 followed Dranichnikov v Centrelink [2003] FCAFC 133 followed Project Blue Sky v Australian Broadcasting Tribunal (1998) 194 CLR 355 followed I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd (2002) 192 ALR followed Tame v New South Wales (2002) 191 ALR 449 followed HARMINDER KAUR SEKHON v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES N163 of 2003 HEEREY, R D NICHOLSON and SELWAY JJ 3 SEPTEMBER 2003 MELBOURNE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N163 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: HARMINDER KAUR SEKHON