Director General of Social Security v Hangan, Kathleen Beverley [1982] FCA 292

SIT

CATCHWORDS

ADMINISTRATIVE LAW - Social Services Appeal - jurisdiction of Administrative Appeals Tribunal - decision to recover overpayment of Social Services benefit - whether a "decision" to collect a debt due

to the Commonwealth - whether duty to collect such

debt is imperative or discretionary.

ADMINISTRATIVE LAW - Social Services Appeal - child endowment - eligibility to receive endowment whilst temporarily resident overseas - failure of endowee to notify absence overseas - liability of

endowee to repay endowment received whilst ineligible.

Administrative Appeals Tribunal Act 1975, ss. 25, 43, 44 and 45

Administrative Appeals Tribunal (Social Services Act) Regulations, 1980

Audit Act 1901, s. 70C

Federal Court of Australia Act 1976, s. 44(3)

Social Services Act 1947, ss. 7,15,103, 104, 104A, 140

DIRECTOR-GENERAL OF SOCIAL SERVICES v. KATHLEEN BEVERLEY HANGAN

NG. G64 of 1982

~

FITZGERALD J. BRISBANE 17 DECEMBER 1982

aIN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY } No. G64 of 1982 GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS ~ TRIBUNAL GENERAL ADMINISTRATIVE DIVISION

BETWEEN:

DIRECTOR-GENERAL OF SOCIAL SERVICES

Applicant AND: KATHLEEN BEVERLEY HANGAN Respondent ORDER

JUDGE MAKING ORDER: Fitzgerald J.

DATE OF ORDER: 17 December 1982

WHERE MADE: Brisbane

THE COURT ORDERS THAT:

» 1. It be declared - (a) that there was jurisdiction in the Administrative

Appeals Tribunal to review the decision by the Director-General to recover an overpayment of child endowment of $3,370, a decision that affirmed a determination, direction, decision or approval of an officer that had been reviewed by a Social Security Appeals Tribunal,

and did so otherwise than in accordance with the