Marabouti, Pandeli v Department of Employment, Education, Training & Youth Affairs [1998] FCA 1452

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW – social security – cancellation of newstart allowance – whether applicant should have been notified of intention to cancel allowance – whether failure of decision maker to give applicant an opportunity to be heard "cured" by later reviews by Authorised Review Officer, Social Security Appeals Tribunal and Administrative Appeals Tribunal – whether job offered was "suitable" – whether failure to take into account relevant considerations. Employment Services Act 1994 (Cth) s 45 Social Security Act 1990 s 601 Twist v Randwick Municipal Council (1976) 136 CLR 106, applied Preston v Carmody (1993) 44 FCR 1, applied Wu v Minister for Immigration and Ethnic Affairs (1994) 48 FCR 294, applied Re Wan and Secretary, Department of Social Security (1992) 30 ALD 899, distinguished Re Bartlett and Secretary, Department of Social Security (1994) 33 ALD 661, distinguished Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, applied PANDELI MARABOUTI v DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

NG 772 of 1997 LINDGREN J SYDNEY 16 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 772 of 1997

BETWEEN: PANDELI MARABOUTI

Applicant

AND: DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

First Respondent

[NO LONGER A PARTY]

Second Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 16 november 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be 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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 772 of 1997