Austin v Secretary, Department of Family & Community Services [1999] FCA 938

FEDERAL COURT OF AUSTRALIA

Austin v Secretary, Department of Family & Community Services [1999] FCA 938

SOCIAL SECURITY - Newstart Allowance - Partner Allowance - benefits paid at rates that were too low due to departmental error - what constitutes "notice" for the purposes of s 660K(2) to (4) Social Security Act 1991 (Cth) to enable review of that error WORDS AND PHRASES - "notice" Social Security Act 1991 (Cth) ss 23, 660(2), 660FA, 660G, 660I, 660IA, 660IB, 660J, 660K, 771NR, 1068, 1359 Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 27A, 28 Income Tax Assessment Act 1936 (Cth) s 24ABM Re Secretary, Department of Social Security and Sting (1996) 39 ALD 721 not followed Re McAllan and Secretary, Department of Social Security (1998) 51 ALD 792 not followed Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 considered Ex parte Oastler. In re Friedlander (1883) 13 QBD 471 considered Goodyear Tyre & Rubber Co (Great Britain) Ltd v Lancashire Batteries, Ltd [1958] 3 All ER 7 considered R v Secretary of State for the Home Department ex parte Tolba [1988] Imm AR 78 considered KATRINA AND GARRY AUSTIN v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES QG 157 OF 1998 DRUMMOND J 8 JULY 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 157 OF 1998

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: KATRINA AND GARRY AUSTIN

Applicants

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 8 JULY 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The decision of the Administrative Appeals Tribunal the subject of Mr Austin's appeal be set aside and his case remitted to the Administrative Appeals Tribunal for re-determination in accordance with the following directions: