Ambrose v Commonwealth of Australia [2021] FCAFC 88

Federal Court of Australia

Ambrose v Commonwealth of Australia [2021] FCAFC 88 File number(s): ACD 51 of 2020

Judgment of: COLLIER, GRIFFITHS AND ABRAHAM JJ

Date of judgment: 28 May 2021

Catchwords: SOCIAL SECURITY – appeal from decision of primary judge to dismiss application for judicial review under Administration Decisions (Judicial Review) Act 1977 (Cth) – appellant's Newstart allowance suspended for non-compliance with mutual obligation requirements under s 42AF of Social Security (Administration) Act 1999 (Cth) –legislative scheme of Pt 3, Div 3AA considered – where suspension decision made under s 42AF(1)(a) – where allowance reinstated and appellant repaid allowance without imposition of "reconnection requirement" – appellant sought review of respondent's conduct in allegedly refusing to conduct internal review of suspension decision – where s 129 internal review decision provided to appellant after judicial review proceedings instigated – judicial review proceedings futile – adequate provision of merits review in Administrative Appeals Tribunal – no denial of procedural fairness – no appealable error established

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5-6, 10(2)(b)(ii) Social Security (Administration) Act 1999 (Cth) ss 3(2), 42AA, 42AC, 42AF(1)-(2), 42AI-AJ, 42AL-AM, 126, 129, 135, 142, 179, 234(7) Social Security Act 1991 (Cth) ss 23, 593(1)(e) Social Security (Administration) (Secretary of the Department of Jobs and Small Business) Delegation (No. 1) 2019 (Cth) Item 2

Cases cited: Bragg v Secretary, Department of Employment, Education and Training (1995) 59 FCR 31 Dauguet v Centrelink [2015] FCA 395 Hill v Green(1999) 48 NSWLR 161; [1999] NSWCA 477 House v The King (1936) 55 CLR 499; [1936] HCA 40 McGowan v Migration Agents Registration Authority (2003) 129 FCR 118; [2003] FCA 482 Rizkallah v Tax Practitioners Board (2020) 169 ALD 295; [2020] FCA 431 Twist v Randwick Municipal Council (1976) 136 CLR 106