Aboriginal Community Benefit Fund Pty Ltd v Chief Executive Centrelink [2016] FCA 769

FEDERAL COURT OF AUSTRALIA

Aboriginal Community Benefit Fund Pty Ltd v Chief Executive Centrelink [2016] FCA 769 File number: QUD 356 of 2016

Judge: LOGAN J

Date of judgment: 30 June 2016

Catchwords: SOCIAL SECURITY – power of Centrelink CEO or Secretary to exclude from payment, by deduction from an individual's benefit via the Centrepay payment service, payments with the consent of that individual but for a purpose not approved by the CEO or the Secretary - Held – no such power possessed by CEO or Secretary - Social Security (Administration) Act 1999 (Cth) ss 8, 55(2), 55(4); Human Services (Centrelink) Act 1997 (Cth) s 8; Human Services (Centrelink Regulations) 2011, reg 11, item 2 of Sch 1 ADMINISTRATIVE LAW – delegation of Secretary powers to respondent – whether respondent's decision to cancel applicants' access to specified service was unlawful – whether respondent under obligation to perform function of providing access to specified service – if arrangement with Secretary in place – whether respondent's decision involved improper exercise of power – whether respondent or respondent's delegate had authority to terminate an arrangement between the Department and other persons – whether respondent or respondent's delegate had regard to merits of applicants' particular circumstances when making its decision – respondent's decision unlawful – decision quashed - Held – no such power possessed by CEO or Secretary - Social Security (Administration) Act 1999 (Cth) ss 8, 55(2), 55(4); Human Services (Centrelink) Act 1997 (Cth) s 8; Human Services (Centrelink Regulations) 2011, reg 11, item 2 of Sch 1

Legislation: A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) s 23(5) Acts Interpretation Act 1901 (Cth) ss 19A, 25D Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 11, 11(1)(c), 13 Constitution of the Commonwealth ss 61, 64, 67 Human Services (Centrelink) Act 1999 (Cth) ss 3, 8, 8(1), 8(1)(a), 8(1)(ba), 8(3), 8A, 41 Human Services (Centrelink) Regulations 2011 (Cth) reg 11, item 2 of Sch 1 Judiciary Act 1903 (Cth) s 39B Social Security (Administration) Act 1999 (Cth) ss 7, 8, 8(b), 8(c), 8(f), 12(3), 55, 55(1), 55(2), 55(4), 60, 61, 61A, 61A(2), 234(2), 238 Social Security Act 1947 (Cth) (repealed) s 246(1) Social Security Act 1991 (Cth) ss 1231, 1234A