Secretary, Department of Education and Training v Simpson Networks Pty Ltd t/as Melbourne School Holiday Club [2019] FCAFC 239 (23 December 2019) (Greenwood, Yates and Colvin JJ)


Catchwords:


ADMINISTRATIVE LAW – appeal from decision of the Federal Circuit Court quashing decision of a delegate of the Secretary relating to the payment of child care benefits – where respondent was a provider of child care services – consideration of the provisions of the A New Tax System (Family Assistance) Act 1999 (Cth) and the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) – where delegate found that there was no genuine liability to pay as required under s 43(1)(c) of the Act – where delegate calculated a zero rate and nil amount in fee reduction – whether delegate was required to consider the actual arrangements made by the provider with the eligible individuals – whether primary judge erred in finding that the delegate failed to undertake the statutory task in failing to consider a mandatory relevant consideration – whether primary judge erred in finding that the delegate’s decision was unreasonable – where primary judge erred in undertaking the task entrusted to the delegate on review – appeal allowed