Federal Court of Australia
Federal Court of Australia
Fahy v Administrative Appeals Tribunal [2024] FCA 170 Appeal from: Fahy and Secretary, Department of Social Services (Social services second review) [2021] AATA 3258
File number: VID 577 of 2021
Judgment of: SNADEN J
Date of judgment: 4 March 2024
Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal (AAT) – where AAT affirmed decision of an authorised review officer not to grant Parenting Payment from date sought – where appellant alleged unreceived claim had been posted – whether AAT decision was affected by any error of law – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security (Administration) Act 1999 (Cth) ss 11, 12, 13, 15, 16, 34, 41, 42, sch 2 Social Security Act 1991 (Cth) ss 18, 23, 500 Charter of Human Rights and Responsibilities Act 2006 (Vic) Equal Opportunity Act 2010 (Vic)
Cases cited: EBZ20 v ECA20 [2022] FCA 1098 Isbester v Knox City Council (2015) 255 CLR 135 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Onassys v Comcare [2022] FCA 90
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 62
Date of last submissions: 5 June 2023 – second respondent 6 June 2023 – appellant
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