Lee, Patti-Mae v Secretary, Department of Social Security [1996] FCA 677

Lee, Patti-Mae v Secretary, Department of Social Security [1996] FCA 677

Where a departmental decision to refuse waiver (or write off) of a debt was made before the amending legislation commenced and review was sought under the unamended Act, the applicant had an accrued right for the purposes of s 8 of the Acts Interpretation Act 1901 (Cth) to have that review, and subsequent reviews (including by the Administrative Appeals Tribunal), conducted according to the law as it stood before the amendment. Nothing in the 1993 amendments to the Social Security Act evinces a clear contrary intention so as to retrospectively displace this accrued right. The Tribunal erred in failing to determine the waiver question by reference to the unamended Act. Conversely, where no...

Parties
Applicant/cross Respondent: Patti-Mae Lee; Respondent/cross Applicant: Secretary, Department of Social Security
Jurisdiction
Australia
Judgment Date
07 August 1996
Procedural Posture
Appeal and Cross Appeal From Administrative Tribunal / Federal Court (full Court) Appeal
Legal Topics
Judicial Review of Administrative Decisions, Accrued Rights Under Repealed Legislation, Statutory Interpretation, Debt Waiver and Write Off Provisions, Tribunal Jurisdiction
Administrative Law Social Security Law Judicial Review of Administrative Decisions Accrued Rights Under Repealed Legislation Statutory Interpretation Debt Waiver and Write Off Provisions Tribunal Jurisdiction

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Parties

Patti-Mae Lee

Applicant/cross Respondent

Secretary, Department of Social Security

Respondent/cross Applicant

Procedural Posture

Appeal and Cross Appeal From Administrative Tribunal / Federal Court (full Court) Appeal

Legal Issues

  1. 1 Whether a right to seek review of a waiver decision under s 1237 of the Social Security Act 1991 (Cth) was an 'accrued right' protected by s 8 of the Acts Interpretation Act 1901 (Cth), following legislative amendment
  2. 2 Whether the Administrative Appeals Tribunal had jurisdiction to review or direct waiver/write-off of social security debts, and which statutory regime applied
  3. 3 Whether the amendments to the Social Security Act retrospectively affected rights of review or discretion in waiver of debts

Ratio Decidendi

Where a departmental decision to refuse waiver (or write off) of a debt was made before the amending legislation commenced and review was sought under the unamended Act, the applicant had an accrued right for the purposes of s 8 of the Acts Interpretation Act 1901 (Cth) to have that review, and subsequent reviews (including by the Administrative Appeals Tribunal), conducted according to the law as it stood before the amendment. Nothing in the 1993 amendments to the Social Security Act evinces a clear contrary intention so as to retrospectively displace this accrued right. The Tribunal erred in failing to determine the waiver question by reference to the unamended Act. Conversely, where no...