DSDJ v Secretary, Department of Social Services [2024] FCA 1420

Federal Court of Australia

DSDJ v Secretary, Department of Social Services [2024] FCA 1420 Review of: DSDJ v Secretary, Department of Social Services (Social services second review) [2024] AATA 1532

File number: QUD 383 of 2024

Judgment of: LOGAN J

Date of judgment: 28 November 2024

Catchwords: SOCIAL SECURITY – where the applicant appeals from a decision by the then Administrative Appeals Tribunal to affirm a decision by the respondent Secretary to cancel the applicant's disability support pension under s 81 of the Social Security (Administration) Act 1999 (Cth) (the Administration Act) due to non-compliance with a notice requesting information – where the notice did not explicitly state the basis for its statutory authority – where the notice requested five items, including documents and a statement – whether the notice was authorised under ss 63, 68 or 192 of the Administration Act – held: at least one item requested was pursuant to s 68 and therefore the notice was valid – appeal dismissed

Legislation: Constitution Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Social Security Act 1991 (Cth) Social Security (Administration) Act 1999 (Cth) ss 63, 67, 68, 72, 81, 137, 147, 192, 196, 197

Cases cited: Harris v Mathieson (in his capacity as an authorised officer under the Water Management Act 2000 (NSW) (2019) 245 LGERA 105 Pyneboard Pty Ltd v Trade Practices Commission (1982) 57 FLR 368 R v Kirby; Ex parte Boilermakers' Society of Australia (1956) 94 CLR 254 Theo v Department of Family and Community Services [2005] FCAFC 239 Towle v Secretary, Department of Social Services (2018) 264 FCR 127