Clark v Secretary, Department of Employment and Workplace Relations [2007] FCA 1076

FEDERAL COURT OF AUSTRALIA

Clark v Secretary, Department of Employment and Workplace Relations [2007] FCA 1076

SOCIAL SECURITY – time when "lump sum preclusion period" under s 1170 of the Social Security Act 1991 (Cth) begins – whether the section requires that individual retain and have benefit of both periodic compensation payments and lump sum compensation payment – whether lump sum preclusion period begins on the day following the last day of periodic payments period even where periodic compensation payments have been fully refunded out of lump sum compensation payment – whether Secretary's discretion under s 1184K of Act had miscarried. Held: Section 1170 does not require that the individual retain and have the benefit of both periodic compensation payments and lump sum payment, and the lump sum preclusion period does begin on the day following the last day of the periodic payments period even in the circumstances mentioned. Social Security Act 1991 (Cth) ss 17, 1169, 1170, 1184K

An v Minister for Immigration and Citizenship [2007] FCAFC 97 cited Collector of Customs v Agfa-Gavaert Limited (1996) 186 CLR 389 cited Comcare v Etheridge (2006) 149 FLR 522 cited Hope v Bathurst City Council (1980) 144 CLR 1 cited Kertland v Secretary, Department of Family and Community Services (1999) 95 FCR 64 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 followed Secretary, Department of Family and Community Services v Chamberlain (2002) 116 FCR 348 followed Secretary, Department of Social Security v Banks (1990) 20 ALD 19 cited Secretary, Department of Social Security v Smith (1991) 30 FCR 56 referred to GRAHAM THOMAS CLARK v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS NSD 2515 OF 2006

LINDGREN J

25 JULY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA