Secretary, Department of Family & Community Services v Rogers [2000] FCA 1447

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Rogers [2000] FCA 1447 SOCIAL SECURITY - Sole parent pension - benefits paid at rates lower than entitled - what constitutes "notice" for the purposes of s 299 of the Social Security Act 1991 (Cth) - whether the "notice" should contain reasons for decisions. WORDS AND PHRASES - "notice". Administrative Appeals Tribunal Act 1975 (Cth) Social Security Act 1991 (Cth) ss 293, 298, 299(2), (3) & (4)

Austin v Secretary, Department of Family and Community Services (1999) 92 FCR 138 - Ques Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 - Cited Sun Alliance and London Assurance Co Ltd v Hayman [1975] 1 WLR 177 (CA) - Cited Nguyen v Refugee Review Tribunal (1997) 74 FCR 311 (FC) - Appl Goodyear Tyre and Rubber Co (GB) Ltd v Lancashire Batteries Ltd [1958] 1 WLR 857 - Cited Cresta Holdings Ltd v Karlin [1959] 1 WLR 1055 - Cited Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 - Appl Long v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 164 - Expl Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 - Cited SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v ROBYN ANNE ROGERS Q118 OF 1999 COOPER J BRISBANE 16 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q118 OF 1999

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF

THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: ROBYN ANNE ROGERS

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 16 OCTOBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be allowed and the decision of the Administrative Appeals Tribunal given on 25 March 1999 be set aside.