Secretary, Department of Social Security v Edwards [1999] FCA 1383

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Social Security v Edwards

[1999] FCA 1383

ADMINISTRATIVE LAW – dismissal of appeal from decision of Administrative Appeals Tribunal.

SOCIAL SECURITY – creation of, and joint and several liability for, debt due to Commonwealth - where partner of respondent pleaded guilty to contraventions of s 1347 Social Security Act 1991, and amounts of various social security benefits paid to partner of respondent as a result of these contraventions became a debt due by partner of respondent to Commonwealth, by virtue of s 1224(1) Social Security Act 1991 - where respondent convicted of charges that he was, contrary to s 5 Crimes Act 1914, knowingly concerned in commission of offences by another person – where respondent made jointly and severally liable for the debt of his partner by virtue of s 1224AB Social Security Act 1991.

SOCIAL SECURITY – waiver of debt due by respondent to Commonwealth –applicable waiver provision the repealed provision s 1237(3) Social Security Act 1991 rather than the subsequently enacted provision s 1237AA – effect of operation of s 8 Acts Interpretation Act 1901 – effect of operation of s 1236A(1) Social Security Act 1991 – whether respondent "convicted of an offence that gave rise to a proportion of a debt" – whether Magistrates Court, in sentencing respondent for breaches of s 5 Crimes Act 1914, "indicated that it imposed a longer custodial sentence on the person because the person was unable… to pay the debt". Social Security Act 1991 s 39(1A), s 1224(1), s 1224AB, s 1236A(1), s 1237(3), s 1237AA Crimes Act 1914 s 5, s 17A Acts Interpretation Act 1901 s 8 SECRETARY, DEPARTMENT OF SOCIAL SECURITY v RUPERT FINLAY EDWARDS QG 70 OF 1998 SPENDER J 8 OCTOBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 70 OF 1998