Secretary Department of Employment and Workplace Relations v Richards [2008] FCAFC 97

FEDERAL COURT OF AUSTRALIA

Secretary Department of Employment and Workplace Relations v Richards [2008] FCAFC 97

SOCIAL SECURITY – parenting payment – disclosure of income – gross income, "earned, derived or received" – whether net of deductions from wages as part of terms of employment agreement – part time hotel worker – operating TAB agency – no fault deductions from wages where till shortfalls – whether disclosure of income net of deductions suffices for requirements of the Act HELD: appeal dismissed.

Social Security Act 1991 (Cth)s 8, s 500, s 503 s 1068A, s 1072 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Collector of Customs v Agfa Gevaert Ltd (1996) 186 CLR 389 cited Haldane –Stevenson v Director-General of Social Security (1985) 7 ALD 467 cited Kear v Secretary, Department of Social Security [1998] FCA 1087 cited Life Insurance Co of Australia Ltd v Phillips (1925) 36 CLR 60 cited Marsh v Secretary, Department of Social Security (1986) 12 FCR 100 cited Rose v Secretary, Department of Social Security (1990) 21 FCR 241 cited Secretary, Department of Society Security v Garvey (1989) 19 ALD 348 cited Secretary, Department of Social Security v McLaughlin (1997) 81 FCR 35 cited SECRETARY DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS v KARLA RICHARDS

QUD397 OF 2007

FRENCH, MOORE & LINDGREN JJ

3 JUNE 2008

PERTH (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD397 OF 2007

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

BETWEEN: SECRETARY DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Appellant

AND: KARLA RICHARDS

Respondent

JUDGES: FRENCH, MOORE & LINDGREN JJ

DATE OF ORDER: 3 JUNE 2008

WHERE MADE: PERTH (HEARD IN BRISBANE)

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal.