Tsangaris v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 721

FEDERAL COURT OF AUSTRALIA

Tsangaris v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 721 Citation: Tsangaris v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 721

Appeal from: Tsangaris v Secretary, Department of Education, Employment and Workplace Relations [2012] AATA 185

Parties: TERESA TSANGARIS v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

File number: NTD 19 of 2012

Judge: LANDER J

Date of judgment: 6 July 2012

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – Social Security Act 1991 (Cth) – parenting payment – partnered (partner in gaol) – whether circumstances of partner (partner in gaol) precluded consideration of Secretary's discretion to determine appellant be not treated as member of couple

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Migration Act 1958 (Cth) s 501 Social Security Act 1991 (Cth) ss 4, 24, 1068

Cases cited: Beadle v Director-General of Social Security (1985) 60 ALR 225 Boscolo v Secretary, Department of Social Security (1999) 53 ALD 277 Federal Commissioner of Taxation v Salenger (1998) 81 ALR 25 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Re Scott and Commissioner for Superannuation (1986) 9 ALD 491 Secretary, Department of Social Security v Porter [1997] AATA 137 Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32