Druett v Secretary, Department of Family & Community Services [2002] FCA 614

FEDERAL COURT OF AUSTRALIA

Druett v Secretary, Department of Family & Community Services [2002] FCA 614 SOCIAL SECURITY – family allowance – withdrawal of payment of family allowance – application for review of decision of Federal Magistrates Court – Federal Magistrate affirmed decision of Administrative Appeals Tribunal, which in turn affirmed decision of Social Security Appeals Tribunal, that appellant was not a "person whose interests are affected" by decision to withdraw family allowance – s 44 Administrative Appeals Tribunal Act 1975 (Cth) – no reviewable error disclosed – no question of principle ADMINISTRATIVE LAW – appeal from Federal Magistrates Court seeking judicial review of a decision to affirm decision of Administrative Appeals Tribunal not to grant an extension of time – appellant sought an extension of time before Administrative Appeals Tribunal in respect of a decision to remove appellant's children from parental custody – decision to remove children from custody made by NSW Department of Family & Community Services – Administrative Appeals Tribunal decided it had no jurisdiction in respect of a decision of a State Department – no reviewable error disclosed – no question of principle ADMINISTRATIVE LAW – Newstart allowance – appeal from Federal Magistrates Court seeking judicial review of a decision to affirm decision of Administrative Appeals Tribunal not to grant an extension of time – appellant sought extension of time before Administrative Appeals Tribunal in respect of a decision by Social Security Appeals Tribunal that was favourable to the appellant – the AAT found that there was no utility in granting an extension of time – no reviewable error disclosed – no question of principle

Social Security Act 1991 (Cth) Social Security (Administration) Act 1999 (Cth) s 142 Administrative Appeals Tribunal Act 1975 (Cth) s 27(1), 44, 44AA Children (Care & Protection) Act 1987 (NSW) GARRY DRUETT v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES N 83, N 187 AND N 188 OF 2002 HELY J 15 MAY 2002 BRISBANE VIA VIDEO LINK (HEARD IN SYDNEY)