0108 of 2014 v Secretary, Department of Social Services [2017] FCA 57

FEDERAL COURT OF AUSTRALIA

0108 of 2014 v Secretary, Department of Social Services [2017] FCA 57 Appeal from: The Applicant 0108 of 2014 v Secretary, Department of Social Services (Administrative Appeals Tribunal, No. 2014/0108, Orders dated 29 June 2016)

File number: WAD 344 of 2016

Judge: MCKERRACHER J

Date of judgment: 3 February 2017

Catchwords: ADMINISTRATIVE LAW – appeal from a direction of the Administrative Appeals Tribunal - construction of s 1218AAA(1)(d) of the Social Security Act 1991 (Cth) - whether a senior member should have recused herself – reconstitution of Tribunal – apprehended bias – whether the grounds of an appeal relate to a 'decision' - whether Tribunal's reasons inadequate – whether Tribunal exceeded its jurisdiction

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 19D, 21A, 28(1), 28(5), 33, 33(1)(b), 33(2A), 39, 43(2B), 45(3) Guide to Social Security Law r 7.1.2.10 Social Security Act 1991 (Cth) s 1218AAA(1)(d)

Cases cited: Applicant 0108 of 2014 v Secretary, Department of Social Services [2016] FCA 421 Commissioner of Taxation v Beddoe (1996) 44 ALD 561 Confidential v Commissioner of Taxation [2013] AATA 112 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Metropolitan Properties Co (FGC) Ltd v Lannon [1969] 1 QB 557 Picos v Australian Federal Police [2015] FCA 118 R v Watson; Ex parte Armstrong (1976) 136 CLR 248 Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18