Huikeshoven v Secretary, Department of Education, Skills and Employment (No 2) [2022] FCA 1021

Federal Court of Australia

Huikeshoven v Secretary, Department of Education, Skills and Employment (No 2) [2022] FCA 1021 File number: SAD 145 of 2021

Judgment of: JACKSON J

Date of judgment: 2 September 2022

Catchwords: ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - refusal of child care benefit and child care subsidy under the A New Tax System (Family Assistance) Act 1999 (Cth) - meaning of 'immunised' in that Act - doctor's view that immunisation contraindicated in child - meaning of legislative requirement of certificate that immunisation is medically contraindicated under the specifications set out in the Australian Immunisation Handbook - review of Handbook - which contraindications are specified as such in Handbook - purported certificate of doctor does not address legislative requirement - no procedural unfairness - new evidence not admitted - appeal dismissed

Legislation: A New Tax System (Family Assistance) Act 1999 (Cth) ss 3, 4, 6, 44, 85BA, Division 4 Part 3 A New Tax System (Family Assistance) Bill 1999 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 44 National Health and Medical Research Council Act 1992 (Cth) s 14A Family Assistance (Immunisation and Vaccination) (Education) Determination 2018 (Cth) s 7, 8, 13 Social Services Legislation Amendment (No Jab, No Pay) Bill 2015 (Cth) Federal Court Rules 2011 (Cth) r 33.12

Cases cited: Huikeshoven v Secretary, Department of Education, Skills and Employment [2021] FCA 1359 Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCAFC 163; (2020) 280 FCR 397