Secretary, Department of Employment and Workplace Relations v Cameron (No. 2) [2007] FCA 593

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Employment and Workplace Relations v Cameron (No. 2) [2007] FCA 593

SOCIAL SECURITY – partner allowance – redress available where the rate at which a social security payment is being, or has been, paid is less than the rate provided for by the social security law – limited power to backdate a favourable determination – no power to backdate a favourable determination to a date earlier than 13 weeks before the date on which the favourable determination is made Social Security (Administration) Act 1999 (Cth) ss 3(3), 11(1), 36(1), 41-42, 78, 107, 108, 109, 114, 126, 129, 135(1)(b)(ii), 149(1)(b), 234, 246-248 Social Security Act 1991 (Cth) ss 23, 7711A(1), 771HM, 771JA, 771JC(1), 771JC(2)-(4), 771KA, 771NL, 771NR, 1062(1), 1068, 1240 and 1299 Administrative Appeals Tribunal Act 1975 (Cth) s 44 SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS v STEPHEN CAMERON NSD 292 OF 2007

GRAHAM J

27 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 292 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER HUNT

BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Appellant

AND: STEPHEN CAMERON

Respondent

JUDGE: GRAHAM J DATE OF ORDER: 27 APRIL 2007

WHERE MADE: SYDNEY

THE COURT:

1. Answers the questions of law as recorded in paragraph 2 of the Notice of Appeal filed 1 March 2007 as follows: Question: '2.1 Whether the "original decision", for the purposes of s.109(2) of the Social Security (Administration) Act 1999, comprised: 2.1.1. the decision, made on or about 15 December 1999, to grant partner allowance to the Respondent at the specified rate; or 2.1.2. the decision not to include rent assistance as a component of that allowance.' Answer: Neither. Question: '2.2 Accordingly, whether the Tribunal erred in holding that s.109(2) did not apply on the basis that "Mr Cameron was not given notice of a decision not to pay him rent assistance" (Tribunal reasons at [43]).' Answer: Does not arise. 2. Orders that the appeal be dismissed. 3. Orders that there be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.