Secretary, Department of Social Security v Payne [1999] FCA 95

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Social Security v Payne [1999] FCA 95 DUTY TO REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL - whether Administrative Appeals Tribunal hand to consider facts for itself - whether Administrative Appeals Tribunal able to review credit OVERPAYMENT OF SOCIAL SECURITY BENEFIT (PENSION) - whether waiver provisions to be applied Social Security Act 1991 ss 1224, 132, 1223, 1237A, 1283, 1265 Administrative Appeals Tribunal Act 1975 ss 43, 40, 37, 38 Social Security Act 1991 s 1224 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32 THE SECRETARY, DEPARTMENT OF SOCIAL SECURITY v BARBARA ANN PAYNE

QG 64 OF 1998 KIEFEL J

12 FEBRUARY 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 64 OF 1998

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL, GENERAL ADMINISTRATIVE DIVISION CONSTITUTED BY

DEPUTY PRESIDENT BREEN, PRESIDENTIAL MEMBER

BETWEEN: THE SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Applicant

AND: BARBARA ANN PAYNE

Respondent

JUDGE: KIEFEL J

DATE OF ORDER: 12 FEBRUARY 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal of 3 June 1998 be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal, differently constituted, for reconsideration. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 64 OF 1998

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL, GENERAL ADMINISTRATIVE DIVISION CONSTITUTED BY

DEPUTY PRESIDENT BREEN, PRESIDENTIAL MEMBER

BETWEEN: THE SECRETARY, DEPARTMENT OF SOCIAL SECURITY