Jordan v Secretary, Department of Family and Community Services [2004] FCA 1582

FEDERAL COURT OF AUSTRALIA

Jordan v Secretary, Department of Family and Community Services [2004] FCA 1582

ADMINISTRATIVE LAW – Social Security Act 1991 (Cth) – s 1237A – applicant paid Newstart and NEIS benefits without reduction of Newstart – whether debt attributable solely to Commonwealth's administrative error ADMINISTRATIVE LAW – Social Security Act 1991 (Cth) – s 1237A – whether payments received in "good faith" ADMINISTRATIVE LAW – Social Security – proper quantification of debt

Social Security Act 1991 (Cth) ss 593(1), 1068, 1187(1A), 1188, 1223(1), 1237A, 1237AAD Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1), 44(1) Student and Youth Assistance Act 1973 (Cth) s 289(2)

Secretary, Department of Education, Employment, Training and Youth Affairs v Prince (1997) 152 ALR 127 discussed Haggerty v Department of Education, Training and Youth Affairs (2000) 31 AAR 529 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited NEVILLE JORDAN v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES No S 131 of 2004 FINN J ADELAIDE 3 DECEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 131 OF 2004

BETWEEN: NEVILLE JORDAN

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 3 DECEMBER 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be allowed. 2. The decision of the Tribunal be set aside. 3. The matter be remitted to the Tribunal for the limited purpose of redetermining the proper quantification of Mr Jordan's debt to the Commonwealth in light of these reasons. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA