Harding v Secretary, Department of Employment and Workplace Relations [2023] FCA 1512

Federal Court of Australia

Harding v Secretary, Department of Employment and Workplace Relations [2023] FCA 1512 Appeal from: Harding and Secretary, Department of Employment and Workplace Relations [2023] AATA 1984

File number(s): SAD 102 of 2023

Judgment of: O'SULLIVAN J

Date of judgment: 1 December 2023

Catchwords: SOCIAL SECURITY – appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – appeal from second review decision of the Administrative Appeals Tribunal – whether authorised review officer's decision valid – whether s 147 of the Social Security (Administration) Act 1999 (Cth) is predicated on the authorised review officer's decision being valid – correct date of application for review to Administrative Appeals Tribunal – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 43(6), 44 Social Security Administration Act 1999 (Cth), 147

Cases cited: CCC v Minister for Immigration and Multicultural Affairs [2001] FCA 682

Division: General Division

Registry: South Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 40

Date of hearing: 23 November 2023

Counsel for the Appellant: The appellant appeared in person

Solicitor for the Respondent: Mr A Chan for Sparke Helmore Lawyers

ORDERS SAD 102 of 2023

BETWEEN: STEPHANIE HARDING Appellant

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS Respondent

order made by: O'SULLIVAN J DATE OF ORDER: 1 December 2023

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant is to pay the respondent's costs on a lump sum basis to be assessed by a Registrar of the Court in the absence of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.