Secretary, Department of Family & Community Services v Brown [2006] FCA 532

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Brown [2006] FCA 532

STATUTES – purposive or contextual construction – whether purpose of s 541B(1) Social Security Act 1991 (Cth) as stated in Explanatory Memorandum achieved – Administrative Appeals Tribunal found that an unnatural or unreasonable meaning could not be given to 541B(1) even if text of provision allows for an unreasonable result – construction must be text based – nothing in ordinary meaning of s 541B(1) to permit construction contended for – ordinary meanings of ss 541B(1) and 1218 upheld – no error of law – appeal is dismissed WORDS AND PHRASES – "the course" in s 541B(1)(a)(ii) Social Security Act 1991 (Cth) – "the course in question" in s 54B(1)(c) – "form part of the course of education" in s 1218 Acts Interpretation Act 1901 (Cth) ss 15AA; 15AB Administrative Appeals Tribunal Act 1975 (Cth)s 44 Social Security Act 1991 (Cth) ss 540(a)(i); 541B(1); 1218 Student Assistance Act 1973 (Cth)ss 3(1) and 5D(1) Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1KB 223 CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 Comcare Australia v Pires (2005) 143 FCR 104 Network Ten Pty Limited v TCN Channel Nine Pty Limited (2004) 218 CLR 273 Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 Nystrom v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 121 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v L (1994) 122 ALR 464 R v Young (1999) 46 NSWLR 681 Re Bolton: Ex parte Beane (1987) 162 CLR 514 Rieson v SST Consulting Services Pty Limited [2005] FCAFC 6 Secretary, Department of Family and Community Services v Matheson (2004) 38 AAR 417 SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v PATRICK BROWN NSD1417 OF 2004 BENNETT J 11 MAY 2006 SYDNEY