Kronen v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1268

FEDERAL COURT OF AUSTRALIA

Kronen v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1268 ADMINISTRATIVE LAW – Social Security law – decision to cancel Newstart payment following repeated participation failures – appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether a question of law stated – proper construction of "to be negotiated" contrived by it's legislative setting – right to negotiate limited in the context of Social Security law – no error of law in Tribunal's construction – Secretary not satisfied that applicant had reasonable excuse for repeated participation failures – appeal dismissed Federal Court of Australia Act 1976 (Cth) s 31A Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) s 593(1)(c), (d) and (e), s 601(4), s 605(1), (2) and (3), s 606, s 615(1), (4) and (6), s 624(1)(a) and (c), s 624(2), s 629(1), s 630(1)(c) Social Security (Administration) Act 1999 (Cth) s 64, s 80(1), ss 80-82, s 131 Social Security (Reasonable Excuse) (DEWR) Determination 2006

Comcare v Etheridge [2006] FCAFC 27 cited Vranic v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 672cited Waterford v The Commonwealth (1987) 163 CLR 54 cited Craig v South Australia(1995) 184 CLR 163 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 applied HORST KRONEN v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

No SAD 60 of 2009

FINN J

9 NOVEMBER 2009

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

general division SAD 60 of 2009

BETWEEN: HORST KRONEN

Applicant

AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGE: FINN J