Shiel v Secretary, Department of Social Security [1999] FCA 1237

FEDERAL COURT OF AUSTRALIA

Shiel v Secretary, Department of Social Security [1999] FCA 1237 SOCIAL SECURITY - application for retrospective rent assistance - whether Secretary to pay rent assistance only when satisfied that rate of newstart allowance paid is currently less than rate provided by Social Security Act - whether Secretary's duty in administering Act to have regard to desirability of achieving certain results imports duty to obtain information about change in person's circumstances - whether Secretary's power to obtain information relevant to question of applicable rate of social security payment must be exercised - whether part of function of Administrative Appeals Tribunal to determine whether Secretary breached duty imposed by Act. Acts Interpretation Act 1901 (Cth) s 33(2A) Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Federal Court of Australia Act 1976 (Cth) s 19(2) Social Security Act 1991 (Cth) Pt 2.12, Divs 5, 5A, ss 635, 640, 641, 642, 643, 660(2), 660G, 660K, 1068, 1296(a)(i), 1296(a)(iii), 1304(1), 1304(2), 1304(3), 1304(4), 1304(7) Tefonu Pty Ltd v Insurance and Superannuation Commissioner (1993) 44 FCR 361, cited Yarmirr v Australian Telecommunications Corporation (1990) 96 ALR 739, followed Australian Broadcasting Corporation v Redmore Pty Ltd (1989) 166 CLR 454, followed Ward v Williams (1955) 92 CLR 496, followed Julius v Bishop of Oxford (1880) 5 App Cas 214, followed Commissioner for Superannuation v Hastings (1986) 70 ALR 625, cited Green v Daniels (1977) 13 ALR 1, cited CHRISTOPHER SHIEL v SECRETARY, DEPARTMENT OF SOCIAL SECURITY NG 1239 of 1998 KATZ J SYDNEY 13 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1239 of 1998

On appeal from a decision of the Administrative Appeals Tribunal constituted by Ms S Bullock, Member