Twentyman v Secretary, Department of Social Services [2018] FCA 1892

FEDERAL COURT OF AUSTRALIA

Twentyman v Secretary, Department of Social Services [2018] FCA 1892 Appeal from: Twentyman and Secretary, Department of Social Services [2018] AATA 110

File number: NSD 337 of 2018

Judge: WIGNEY J

Date of judgment: 29 November 2018

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to file appeal from decision of Administrative Appeals Tribunal – where accepted that explanation for delay adequate – where appeal ground at least arguable – extension of time granted – appeal dismissed SOCIAL SECURITY – disability support pension – decision to suspend or cancel pursuant to s 81(3) Social Security (Administration) Act 1999 (Cth) – where recipient of social security payment failed to comply with a notice given under s 68 Social Security (Administration) Act 1999 (Cth) – where Administrative Appeals Tribunal found that applicant had not advised of his departure overseas, as he was obliged to do – where Administrative Appeals Tribunal found that decision to suspend, and then cancel, applicant's disability support pension was "rational and proportionate" ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal pursuant to s 44 Administrative Appeals Tribunal Act 1975 (Cth) – whether rule in Browne v Dunn and s 2A Administrative Appeals Tribunal Act 1975 (Cth) required applicant to be cross-examined – whether rule in Browne v Dunn applies to review proceedings in the Administrative Appeals Tribunal – whether s 2A Administrative Appeals Tribunal Act 1975 (Cth) imports a rule akin to Browne v Dunn – whether applicant denied procedural fairness – whether discretion of Administrative Appeals Tribunal to cancel disability support pension was exercised unreasonably