Parrett v Secretary, Department of Family & Community Services [2002] FCA 716

FEDERAL COURT OF AUSTRALIA

Parrett v Secretary, Department of Family & Community Services

[2002] FCA 716

ADMINISTRATIVE LAW – application for review of decision of Administrative Appeals Tribunal – applicant applied for financial assistance under Farm Household Support Act 1992 – Tribunal found applicant did not satisfy definition of "farmer" and was therefore ineligible for financial assistance – consideration of the Act – statutory interpretation - use of s 15AA and 15AB of Acts Interpretation Act 1901 to determine purpose of Act – legislation intended to provide financial assistance to farmers unable to meet living expenses and/or providing incentive to leave farm

WORdS AND PHRASES – "derives a significant part of his or her income from the farm enterprise" – "restart income support" Acts Interpretation Act 1901 (Cth) ss 15AA, 15AB Farm Household Support Act 1992 (Cth) ss 3(2), 8B CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384, followed Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355, referred to Mills v Meeking (1990) 169 CLR 214, applied Bermingham v Corrective Services Commission (1988) 15 NSWLR 292, applied R v Young (1999) 46 NSWLR 681, considered Repatriation Commission v Vietnam Veterans' Association (2000) 48 NSWLR 548, referred to Re Drinkwater and Secretary, Department of Family and Community Services (1999) 58 ALD 243, referred to Kidston Goldmines Ltd v Commission of Taxation (1991) 30 FCR 77, referred to Director-General of Social Services v Chaney (1980) 31 ALR 571, followed DC Pearce and RS Geddes Statutory Interpretation in Australia 5th ed 2001 JAMES PARRETT v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES N945 of 2001

MADGWICK J 7 JUNE 2002 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N945 of 2001