Pledger v Secretary, Department of Family & Community Services [2002] FCA 1576

FEDERAL COURT OF AUSTRALIA

Pledger v Secretary, Department of Family & Community Services [2002] FCA 1576 SOCIAL SECURITY – meaning of "received in good faith" – applicant continued to receive "carer pension" notwithstanding death of her mother – pension paid by reason of administrative error on part of respondent – applicant knew no longer entitled to "carer pension" but believed entitled to other social security payment or benefit – applicant repeatedly endeavoured to notify respondent of administrative error – respondent failed to correct error – findings of fact by Administrative Appeals Tribunal insufficiently detailed – whether payments "received in good faith" dependant upon more specific findings – Social Security Act 1991 (Cth) s 1237A(1) WORDS & PHRASES – "in good faith" Social Security Act 1991 (Cth) s 1237A(1) Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) and s 44 Secretary, Department of Education, Employment, Training and Youth Affairs v Prince (1997) 152 ALR 127 at 130 considered Jazazievska v Secretary, Department of Family and Community Services (2000) 65 ALD 424 at [40]-[41] considered Haggerty v Department of Education, Training and Youth Affairs (2000) 31 AAR 529 at [16] considered Pereira v Director of Public Prosecutions (1988) 82 ALR 217 referred to Central Estates (Belgravia) Ltd v Woolgar [1972] 1 QB 48 at 55-57 considered Mogridge v Clapp [1892] 3 Ch 382 at 391referred to NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 at [107]-[108] referred to SCAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 397 referred to R v Feely [1973] 1 QB 530 referred to R v Ghosh [1982] QB 1053 referred to R v Bonollo [1981] VR 633 referred to R v Salvo [1980] VR 401 referred to R v Brow [1981] VR 783 referred to Peters v The Queen (1998) 192 CLR 493 referred to R v Glenister (1980) 2 NSWLR 597 referred to R v Lawrence [1997] 1 VR 49 referred to Blunn v Cleaver (1993) 47 FCR 111 at 125-128 considered Anstis v Secretary, Department of Social Security (1999) 96 FCR 421 referred to