Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hussein v Secretary, Department of Education & Training [2020] FCA 644 File number: VID 44 of 2020
Judge: DAVIES J
Date of judgment: 15 May 2020
Catchwords: ADMINISTRATIVE LAW – review under Administrative Decisions (Judicial Review) Act 1977 (Cth) – decision to cancel child care provider approval under s 195H(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) (Administration Act) – whether delegate required to have regard to "mitigating factors" submitted on provider's behalf – interpretation of "mitigating factors" within the meaning of r 52(3)(g) of the Child Care Subsidy Minister's Rules 2017 (Cth) – delegate had regard to applicant's submissions – whether provider denied procedural fairness by delegate failing to put additional information to him – requirement to provide information under s 199A(1) of Administration Act before cancelling approval – no denial of procedural fairness – alleged failure to accord procedural fairness was not material
Legislation: A New Tax System (Family Assistance) (Administration) Act 1999 (Cth), ss 194B, 194C, 194D, 194E, 195A, 195H, 199A A New Tax System (Family Assistance) Act 1999 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(b), 5(1)(e), 5(2)(b)) Child Care Subsidy Minister's Rules 2017 (Cth), rr 46(3), 52
Cases cited: Azaria Family Day Care Pty Ltd v Secretary [2018] FCA 1640 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421
Date of hearing: 22 April 2020
Date of last submissions: 23 April 2020
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