Haggerty v Department of Education, Training & Youth Affairs [2000] FCA 1287

FEDERAL COURT OF AUSTRALIA

Haggerty v Department of Education Training & Youth Affairs

[2000] FCA 1287

ADMINISTRATIVE LAW – social security – meaning of "received in good faith" – criteria – disbelief, doubt or suspicion as to entitlement – no basis for imputed want of good faith – successful student applicant for AUSTUDY – applicant's sister refused AUSTUDY – both applications on same family means test – concern, puzzlement, perception of unusual situation – no findings as to disbelief in entitlement – suspicion or doubt as to entitlement – error of law in construction of "good faith" criterion – Tribunal decision set aside. Student and Youth Assistance Act 1973 (Cth) s 43B Secretary, Department of Education, Employment Training and Youth Affairs v Prince (1998) 152 ALR 127 cited Brown v Repatriation Commission (1985) 7 FCR 302 cited Waterford v Commonwealth (1987) 163 CLR 54 cited Husband v Repatriation Commission (2000) 171 ALR 69 cited GRANT HAGGERTY v THE DEPARTMENT OF EDUCATION, TRAINING & YOUTH AFFAIRS W 150 of 1999 FRENCH J 8 SEPTEMBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W150 OF 1999

ON APPEAL FROM THE ADMINISTRATIVE APPEALS

TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT TE BARNETT

AND J McKNIGHT MEMBER

BETWEEN: GRANT HAGGERTY

APPLICANT

AND: THE DEPARTMENT OF EDUCATION TRAINING & YOUTH AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 8 SEPTEMBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The decision of the Administrative Appeals Tribunal be set aside.

2. The matter is remitted to the Tribunal to be dealt with according to law.

3. The Respondent is to pay the Applicant's costs of the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.