Secretary, Department of Family & Community Services v Holmes [2000] FCA 513

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Holmes

[2000] FCA 513

SOCIAL WELFARE AND SERVICES – benefits – Sole Parent Pension and Parenting Pension Single – where Tribunal in reviewing a decision considers a different application and grant a different kind of benefit following change of benefit by repeal and further enactment – where Tribunal substituted a decision of eligibility for a Single Parent Pension with eligibility for the Parenting payment – whether the Tribunal made an error in law by finding the father with minority share of care and control of relevant children eligible for Sole Parent Pension – whether the Tribunal erred in taking into account the financial position of both parents

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – where operation of s 8 of the Acts Interpretation Act 1901 kept the appeal to the Social Security Appeals Tribunal on foot as well as the right to review the result of any such appeal in the Administrative Appeals Tribunal – limits to power to act on substituted provisions after repeal

Administrative Appeals Tribunal Act 1975 ss 43, 44

Social Security Act 1991 ss 250, 251, 1253, 1255, 1293

Social Security Legislation Amendment (Parenting & Other Measures) Act 1997

Acts Interpretation Act 1901 (Cth) s 8

Minister for Immigration & Multicultural Affairs v Sharma (1999) 90 FCR 513 followed

Minister for Immigration & Multicultural Affairs v Thiyagarajah (2000) 169 ALR 515 cited

Esber v Commonwealth (1992) 174 CLR 430 applied

Secretary, Department of Social Security v Lowe (1999) 56 ALD 609 referred to

Guyder v Secretary, Department of Social Security (1998) 49 ALD 13 referred to

Vidler v Department of Social Security (1995) 61 FCR 370 referred to

O'Sullivan v Farrer (1989) 168 CLR 210 cited

Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 cited