Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Administrative Appeals Tribunal - Jurisdiction - Student assistance - Decision re-calculating entitlement to benefit in respect of past period - Whether decision authorized by statute - Overpayment - Decision to demand repayment of amount overpaid - Whether decisions reviewable - Whether amount overpaid recoverable.
Student Assistance Act 1973, s.45, Part III, Part V, Part VI Student Assistance Regulations
Administrative Appeals Tribunal Act 1975, ss.3(3), 25, 44
ROSEMARY ALEXANDRA CHURCH v. SECRETARY TO THE DEPARTMENT OF EDUCATION
No. ACT G 38 of 1986
Sheppard, Neaves and Everett Jd. 13 May 1987
Canberra
14 MAY 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
yo »
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. ACT G 38 of 1986 DISTRICT REGISTRY ) ) )
GENERAL DIVISTON
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN : ROSEMARY ALEXANDRA CHURCH
t
Applicant
AND: SECRETARY TO THE DEPARTMENT OF EDUCATION
Respondent MINUTE OF ORDER THE COURT : Sheppard, Neaves and Everett JJ. DATE _OF ORDER : 13 May 1987 WHERE MADE : Canberra
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. There be no order as to costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN COURT OF AUSTRALIA ) y
AUSTRALI TORY )
DISTRICT REGISTRY ) No. ACT G38 of 1986 ) )
GENERAL V ON
On Appeal from the General Administrative Division of the Administrative Appeals
Tribunal BETWEEN : ROSEMARY ALEXANDRA CHURCH Applicant AND: SECRETARY TO THE
DEPARTMENT OF EDUCATION
Respondent
CORAM: SHEPPARD, NEAVES and EVERETT JJ. DATE : 13 MAY 1987
REASONS FOR JUDGMENT
SHEPPARD J.: This appeal from the Administrative Appeals Tribunal raises questions concerning the construction and operation of the Student Assistance Act 1973 and the regulations made thereunder. Although the amount involved is less than $700, the case raises important questions concerning the administration of the scheme for which the Student Assistance Act provides. There is also a threshold question concerning the jurisdiction of
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