Kezchek v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 856

FEDERAL COURT OF AUSTRALIA

Kezchek v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 856

STATUTORY INTERPRETATION – construction of s 17(3)(a) Social Security Act 1991 (Cth) – whether determination and payment of compensation under Motor Accidents Compensation Act 1995 (NSW) made in settlement of a claim for the purposes of s 17(3)(a) Social Security Act – meaning to be given to "settle" and "in settlement of claim" – words to be given ordinary meaning in the context of the provision as a whole and its legislative purpose – use of same words in Motor Accidents Compensation Act not necessarily determinative of their meaning in Social Security Act. ADMINISTRATIVE LAW – whether Tribunal failed to give adequate reasons for decision – whether failure to explain what Tribunal took from relevant case law – whether failure to give reasons for why preferred construction promoted legislative purpose of Social Security Act. ADMINISTRATIVE LAW – whether Tribunal took into account irrelevant considerations – doctrine of irrelevant considerations not applicable because Tribunal was not exercising an administrative discretion – no irrelevant considerations impugning Tribunal's decision. Held: appeal dismissed. Words and Phrases: "settle"; "settlement". Acts Interpretation Act 1901 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Motor Accidents Compensation Act 1999 (NSW) Social Security Act 1947 (Cth) Social Security Act 1991 (Cth) Ainger v Coffs Harbour City Council [2005] NSWCA 424 Civil Aviation Safety Authority v Central Aviation Pty Ltd (2009) 253 ALR 263; [2009] FCA 49 Hansen v Daly [1998] 1 Qd R 629 House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498; [2000] NSWCA 44 Imperial Chemical Industries of Australia and New Zealand Limited v Commissioner of Taxation of the Commonwealth (1972) 46 ALJR 35 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Re Kezchek and Secretary, Department of Education, Employment and Workplace Relations (2009) 108 ALD 618; [2009] AATA 248 Re Welch and Secretary, Department of Family and Community Services (2003) 78 ALD 550; [2003] AATA 905 Secretary, Department of Social Security v Banks (1990) 23 FCR 416 Singh v Secretary, Department of Family and Community Services (2004) 142 FCR 232; [2004] FCA 1685 MARIO KEZCHEK v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS