Devriadis v Secretary, Department of Family & Community Services [2000] FCA 1289

FEDERAL COURT OF AUSTRALIA

Devriadis v Secretary, Department of Family & Community Services [2000] FCA 1289

SOCIAL SECURITY - appeal from decision of the Administrative Appeals Tribunal - payment of social security benefits under the Social Security Act 1947 (Cth) and Social Security Act 1991 (Cth) - Tribunal found that the applicant had received an overpayment of benefits for a substantial period - applicant a director and shareholder of a company - applicant engaged in activities on behalf of a company whilst receiving social security benefits - Tribunal found that the applicant made false statements or a false representation by not disclosing his activities in relation to the company.

SOCIAL SECURITY - whether the Tribunal erred in law in its application of provisions of the Social Security Acts - consideration of provisions of the Social Security Acts which deem a person to be unemployed in certain circumstances despite the fact that they engage in some paid work during that period - discussion of principles concerning the meaning of "unemployed" - whether the Tribunal was correct in its finding not to write off or waive the debt - meaning of "special circumstances" as a factor to determine whether or not the debt should have been waived. Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 43(2), 43(2B), 44(1) Social Security Act 1947 (Cth) ss 116, 116(4) Social Security Act 1991 (Cth) ss 513, 516(1), 522, 593(1), 1236(1), 1236 (1A), 1237(1), 1237AAD Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed McAuliffe v Secretary, Department of Social Security (1991) 23 ALD 284 followed McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 followed Re McKenna and Director General of Social Services (1981) 3 ALD 219 followed Re Te Velde and Director-General of Social Services (1981) 3 ALN N111 considered Clear v Smith [1981] 1 WLR 399; Re Brabenec and Director-General of Social Services (1981) 3 ALN N63 considered Re Malaj and Secretary, Department of Social Security (1988) 15 ALD 33 referred to Re Vavaris and Director-General of Social Security (1982) 5 ALN N16 referred to Dornan v Riordan (1990) 24 FCR 564 followed Re Waller and Secretary, Department of Social Security (1985) 8 ALD 26 considered Kawecky v Secretary, Department of Family and Community Services (1999) AATA 112 considered Condren v Secretary, Department of Family and Community Services [2000] FCA 268 considered Kertland v Secretary, Department of Family and Community Services [1999] FCA 1596 considered Beadle v Director-General of Social Security (1985) 60 ALR 225 considered WILLIAM DEVRIADIS v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES Q 256 OF 1999 MANSFIELD J 15 SEPTEMBER 2000 ADELAIDE (Heard in Darwin)