Hananeia v Secretary, Attorney-General's Department [2016] FCAFC 36

FEDERAL COURT OF AUSTRALIA

Hananeia v Secretary, Attorney-General's Department [2016] FCAFC 36 Appeal from: Richard Hananeia v Secretary, Attorney-General's Department [2015] AATA 319

File number: WAD 274 of 2015

Judges: GILMOUR, BARKER & BROMBERG JJ

Date of judgment: 11 March 2016

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – application for Australian Victim of Terrorism Overseas Payment – whether applicant was "in the place where the terrorist act occurred" for the purposes of s 1601PAA(2)(a) of the Social Security Act 1991 (Cth) – whether applicant suffered harm "as a direct result of" the terrorist act for the purposes of s 1601PAA(2)(b) of the Social Security Act 1991 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1), s 44(7) Crimes Act 1914 (Cth) s 21B(1)(d) Criminal Code Act 1995 (Cth) s 4(1) Criminal Injuries Compensation Act 1972 (Vic) s 3(1) Motor Vehicle (Third Party Insurance) Act 1943 (WA) Sentencing Act 1991 (Vic), s 3, 5(2)(db), s 85B Social Security Act 1991 (Cth) s 35B, s 35B(1), s 1061PAA(1), s 1061PAA(2), s 1061PAA(2)(a), s 1061PAA(2)(b), s 1061PAD, s 1061PAF, Part 2.24AA Social Security (Declared Overseas Terrorist Act) Declaration 2013 (Cth) s 35B(1) Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Act 2012 (Cth) Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013 (Cth) ss 14, 15 Explanatory Memorandum, Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011 (Cth)