Gidaro, Antonio Carmine v Secretary, Department of Social Security [1998] FCA 400

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - "appeal" from Administrative Appeals Tribunal - effect of precondition for a statutory notice that the Secretary of the Department of Social Security was satisfied that a pensioner would be entitled to a payment - whether the AAT's satisfaction on review could be substituted for the Secretary's - whether decision-maker weighed discretionary factors - whether the Tribunal could affirm under ss 69 and 78A of the Social Security Act a decision made under ss 69A and 78AA - "appropriate" order under s 44 of the Administrative Appeals Tribunal Act where it was not open to the Tribunal to find a valid notice under s 69A. PRACTICE AND PROCEDURE - problems of unrepresented litigants. SOCIAL SECURITY - discretion of Secretary to suspend aged pension under s 78AA where pensioner has failed, after notice under s 69A, to take reasonable action to obtain a comparable foreign payment - meaning of "comparable foreign payment" - whether a letter enclosing Italian pension application forms was a "notice" under s 69A - whether the precondition for a notice that the Secretary was "satisfied [the pensioner] would be entitled" to an Italian pension was met - nature of discretion to suspend pension - construction of ss 69, 69A, 78AA. STATUTORY CONSTRUCTION - use of context to interpret the application of a definition - principles relating to the effect of contextual considerations - relevance of the way an ordinary reader would understand the Social Security Act, which was drafted with the aim of accessibility to persons without legal training. Administrative Appeals Tribunal Act 1975, s 44 Social Security Act 1991, ss 23, 69, 69A, 78A, 78AA Blunn v Cleaver (1993) 47 FCR 111, applied Short v F W Hercus Pty Limited (1993) 40 FCR 511, applied Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749, applied Jaga v Dönges, N.O. (1950) 4 SA 653, applied McWaters v Day (1989) 168 CLR 289, applied CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384, applied The State of Queensland v J L Holdings Pty Limited (1997) 189 CLR 146, applied Cropper v Smith (1884) 26 Ch D 700, applied Gale v Superdrug Stores Plc [1996] 1 WLR 1089, applied Titan v Babic (1994) 49 FCR 546, referred to Re Morton; Ex parte Mitchell Products Pty Ltd (1996) 21 ACSR 497, referred to Tardy v The Secretary of the Department of Community Services and Health (Supreme Court of New South Wales, McLelland J, unreported, 9 October 1990), referred to Re Hunter; Ex parte Webb (Federal Court of Australia, Sheppard J, unreported, 19 July 1996), referred to National Australia Bank Ltd v Nobile (1988) 100 ALR 227, applied Londish v Gulf Pacific Pty Limited (1993) 45 FCR 128, applied ANTONIO CARMINE GIDARO v SECRETARY, DEPARTMENT OF SOCIAL SECURITY NG 35 of 1998 Burchett J Sydney 24 April 1998