Secretary, Department of Social Security v Hales, Coralie [1998] FCA 219

FEDERAL COURT OF AUSTRALIA

SOCIAL WELFARE AND SERVICES - social security - recovery of overpayment - recoverable debt - absence of financial hardship - write off of debt not appropriate - waiver of debt - special circumstances - whether special circumstances exist in absence of financial hardship - whether waiver open if write off not appropriate - discretion to waive - exercise of discretion - reasons for decision. ADMINISTRATIVE LAW - Administrative Appeals Tribunal - reasons for decision - adequacy. WORDS AND PHRASES - "special circumstances".

Social Security Act 1991 (Cth) s 132, s 1223, s 1224, s 1236, s 1237, s 1237A, s 1237AAD Social Security (Budget and Other Measures) Legislation Amendment Act 1993 (Cth) Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 (Cth)

Re L and Secretary, Department of Social Security (1995) 21 AAR 412 (cited) Beadle v Director General of Social Security (1985) 60 ALR 225 (discussed) Riddell v Secretary, Department of Social Security (1993) 42 FCR 443 (cited) Secretary, Department of Social Security v Kratchovil (1994) 53 FCR 49 (cited) SECRETARY, DEPARTMENT OF SOCIAL SECURITY v CORALIE HALES WAG 107 OF 1998 FRENCH J PERTH 16 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 107 of 1998

On appeal from the general administrative division of the administrative appeals tribunal constituted by ASSOCIATE professor s d hotop (senior member).

BETWEEN: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Applicant

AND: CORALIE HALES

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 16 MARCH 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The Applicant pay the Respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.