Secretary, Department of Family & Community Services v Lind [2004] FCAFC 20

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Lind [2004] FCAFC 20

SOCIAL SECURITY – whether a notice issued under s 68 of the Social Security (Administration) Act 1999 (Cth) requiring a person to provide information can be construed as imposing an obligation to do so under s 630AA of the Social Security Act 1991 (Cth) – application of s 244 of the Social Security (Administration) Act 1999 (Cth) following repeal of ss 657 and 658 of the Social Security Act 1991 (Cth) Administrative Appeals Tribunal Act 1975 (Cth), s 44 Family and Community Services Legislation Amendment Act 2003 (Cth), Schedule 4 Item 53 Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 (Cth) Social Security (Administration) Act 1999 (Cth), ss 3, 67, 68, 244, 245 Social Security Act 1991 (Cth), ss 23, 550A, 576A, 630AA, 657, 658 SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v MOIRA LIND W 79 OF 2003 SPENDER, BRANSON AND STONE JJ 13 FEBRUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 79 OF 2003

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A DEPUTY PRESIDENT

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPELLANT

AND: MOIRA LIND

RESPONDENT

JUDGES: SPENDER, BRANSON AND STONE JJ

DATE OF ORDER: 13 FEBRUARY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be allowed;

2. The decision of the Administrative Appeals Tribunal made on 13 March 2003 be set aside;

3. The matter be remitted to the Administrative Appeals Tribunal for reconsideration in accordance with these reasons; and

4. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.