Zoia v Secretary, Department of Education, Employment and Workplace Relations (No 2) [2009] FCA 924

FEDERAL COURT OF AUSTRALIA

Zoia v Secretary, Department of Education, Employment and Workplace Relations (No 2) [2009] FCA 924

SOCIAL SECURITY – appeal from decision of Administrative Appeals Tribunal affirming decision of Social Security Appeals Tribunal (SSAT) – SSAT upheld decision of Centrelink review officer to cancel the applicant's Newstart allowance – applicant was required to sign a Newstart Activity Agreement but did not do so – whether denial of natural justice – whether delegation of decision-making powers valid – whether matter should be adjourned further to enable the applicant to obtain legal assistance Administrative Appeals Tribunal Act 1975 (Cth) s 43(1), 44(1) Social Security Act 1991 (Cth) ss 605(2), 605(3), 626 Social Security (Administration) Act 1999 (Cth) ss 126(3), 149, 234 The Constitution s 64 Australian Competition & Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Daniels v Deputy Commissioner of Taxation [2007] SASC 431 Higgins v Commonwealth (1998) 79 FCR 528 Kruger v Commonwealth (1997) 190 CLR 1 Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 Platcher v Joseph [2004] FCAFC 68 Rogers v Law Coast Mortgages Pty Ltd [2002] FCA 181 Sahtout v Minister for Immigration and Multicultural Affairs [2002] FCAFC 16 Zoia v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 661 Zoia v Secretary, Department of Employment and Workplace Relations [2008] FCA 988 Zoia v Secretary, Department of Family and Community Services [2004] FCA 863 ANGELO ZOIA v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

WAD 205 of 2008

MCKERRACHER J

21 August 2009

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION WAD 205 of 2008