Piotto v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1116

FEDERAL COURT OF AUSTRALIA

Piotto v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1116

ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal upholding decision to impose Newstart participation failure – whether evidence of valid delegation of powers from the Secretary – no evidence of delegation before the Tribunal – Tribunal erred in finding a valid delegation was in place SOCIAL SECURITY – Newstart allowance – applicant failed to enter into Newstart Activity Agreement – whether Newstart Activity Agreement unreasonable – whether applicant required to sign Newstart Activity Agreement – whether reasonable excuse for purposes of s 624 of the Social Security Act 1991 (Cth) – no reasonable excuse for failing to enter into Newstart Activity Agreement Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Social Security Act 1991 (Cth) ss 593(1), 605, 606, 624 Social Security (Reasonable Excuse) (DEWR) Determination 2006 (Cth) Social Security (Activity Agreement Requirements) (DEWR) Determination 2006 (Cth) Piotto v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1115, referred to Lim v Secretary, Department of Education, Employment and Workplace Relations (No 2) [2008] FCA 1752, referred to Despot v Department of Family and Community Services [2004] FCA 140, referred to Re Hewitson and Secretary, Department of Family and Community Services (2002) 71 ALD 231, distinguished

LUIGI PIOTTO v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

VID 349 of 2009

MARSHALL J

8 OCTOBER 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

general division VID 349 of 2009

ON APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: LUIGI PIOTTO