Secretary, Dept of Family & Community Services v Hocking [2002] FCA 1328

FEDERAL COURT OF AUSTRALIA

Secretary, Dept of Family & Community Services v Hocking [2002] FCA 1328

ADMINISTRATIVE LAW – judicial review of decision of Administrative Appeals Tribunal – decision under Social Security Act 1991 (Cth) – whether error of law in determination that debt "attributable solely to an administrative error" of the Commonwealth – whether error of law in determination that respondent had made "false statement" in reporting family income Social Security Act 1991 (Cth) ss 506D, 1075, 1223(5), 1224, 1237A Administrative Appeals Tribunal Act 1975 (Cth) s 44

Haldane-Stevenson v Director-General of Social Security (1985) 60 ALR 21 cited Secretary, Department of Social Security v Garvey (1989) 22 FCR 132 cited McAuliffe v Department of Social Security (1993) 23 ALD 284 cited Re Department of Social Security v Hoy (1998) 52 ALD 477 cited Hazim v Secretary, Department of Family and Community Services (2002) 34 AAR 458 cited SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES V FRANCIS JOHN HOCKING NO. N 211 OF 2002 BEAUMONT J 30 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 211 OF 2002

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: FRANCIS JOHN HOCKING

RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 30 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal for reconsideration and determination according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 211 OF 2002