Jazazievska v Secretary, Department of Family & Community Services [2000] FCA 1484

FEDERAL COURT OF AUSTRALIA

Jazazievska v Secretary Department of Family & Community Services [2000] FCA 1484 SOCIAL SECURITY - Overpayment of family payments - whether the error was attributable solely to an administrative error of the Commonwealth - whether evidence before the Administrative Appeals Tribunal had been given proper consideration. SOCIAL SECURITY - Overpayment in basic family payment - whether the payment was "received in good faith" - consideration of when the payment is "received". Social Security Act 1991 (Cth) ss 1223(3), 1237A(1) Administrative Appeals Tribunal Act 1975 (Cth) Sinclair v Mining Warden at Maryborough (1975) 132 CLR 473 Cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Cited Minister for Immigration & Ethnic Affairs v Teo (1995) 57 FCR 194 Cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Cited Bruce v Cole (1998) 45 NSWLR 163 Cited Secretary, Department of Education, Employment, Training and Youth Affairs v Prince (1997) 50 ALD 186 Expl Pilcher v Logan (1914) 15 SR (NSW) 24 Cited Samuels v Warland (1977) 16 SASR 41 Cited Jones v Gordon (1877) 2 App Cas 616 Appr BOGICA JAZAZIEVSKA v SECRETARY DEPARTMENT OF FAMILY AND COMMUNITY SERVICES NO Q129 OF 1999 COOPER J BRISBANE 20 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q129 OF 1999

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: BOGICA JAZAZIEVSKA

APPELLANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 20 OCTOBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be allowed in part and that the decision of the Administrative Appeals Tribunal given 23 April 1999 in respect of an overpayment of $1,124.85 in additional family payments for the period 5 January 1995 to 17 August 1995 be set aside.