Secretary, Department of Social Security v Jordan, Kosta Secretary, Department of Social Security v Jiang [1998] FCA 604

FEDERAL COURT OF AUSTRALIA

SOCIAL WELFARE AND SERVICES - social security – recovery of payment where person said to be ineligible – meaning of the words 'full-time course of education' in the Social Security Act 1991 (Cth) – factors to consider in deciding whether a student is enrolled in a full-time course – waiver of debt – special circumstances

ADMINISTRATIVE LAW – whether comments made by the Senior Member during the course of the AAT hearing could give rise to a reasonable apprehension of bias

WORDS AND PHRASES – "full-time study" – "full-time course of education"

Administrative Appeals Tribunal Act 1975 (Cth) – s 33

Social Security Act 1947 (Cth) – s 136

Social Security Act 1991 (Cth) – ss 531, 613, 1223, 1237A, 1237AAD

Casey v Repatriation Commission (1995) 60 FCR 510 - cited

Director-General of Social Services v Thomson (1981) 53 FLR 356 – cited

Gaisford v Hunt (1996) 71 FCR 187 - cited

Harradine v Secretary, Department of Social Security (1989) 25 FCR 35 – considered

Khadem v Barbour (1995) 21 AAR 555 – cited

Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 - cited

Livesey v New South Wales Bar Association (1983) 151 CLR 288 – followed

Minister for Immigration, Local Government and Ethnic Affairs v Mok (1994) 55 FCR 375 – cited

R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 - cited

Re Murfet and Secretary, Department of Social Security (1993) 17 AAR 102(note) - cited

Re McKnight and Secretary, Department of Social Security (unreported, 2 November 1994) - cited

Re Secretary, Department of Social Security and Cheary (1993) 17 AAR 97 - cited

Re Lander and Secretary, Department of Social Security (unreported, 26 April 1996) - cited

Re Secretary, Department of Social Security and McAvoy (1996) 23 AAR 543

Secretary, Department of Social Security v Hales (French J, 16 March 1998, unreported) - cited