Secretary, Department of Family & Community Services v Sekhon [2003] FCA 76

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Sekhon [2003] FCA 76 ADMINISTRATIVE LAW – Social security – Attempted recovery by Centrelink of a "compensation debt" created by a notification on behalf of the Secretary – Compensation debt concerned social security payments to respondent during a "preclusion period" for which she was compensated in a personal injuries action – Whether right to recover debt waived – Moneys received in good faith by respondent after Centrelink notified the insurer and her solicitor that it had no claim – Whether the debt raised against respondent "is attributable solely to an administrative error made by the Commonwealth". Social Security Act 1991 ss 1166, 1225, 1237A SECRETARY, Department of Family & Community SERVICES v HARMINDER KAUR SEKHON

N 1130 of 2002 WILCOX J 14 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1130 of 2002

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES

APPLICANT

AND: HARMINDER KAUR SEKHON

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 14 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for review of the decision of the Administrative Appeals Tribunal be granted. 2. The order identified as Decision 2 in the Administrative Appeals Tribunal decision made on 27 September 2002 be set aside. 3. The matter be remitted to the Administrative Appeals Tribunal for further hearing and determination according to law. 4. The applicant pay the respondent's costs of the proceeding.

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 1130 of 2002

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES