After Pelka

Social Security Act 1991 (Cth) ss 4(2)(a), 4(2)(b)(iii).

Sleep Lyndal Tranter Kieran Stannard John , ‘Cohabitation Rule in Social Security Law: The More Things Change the More They Stay the Same’ (2006) 13 Australian Journal of Administrative Law 135, 144.

Hopkins Tamar , ‘Divorcing Marital Status from Social Security Payments’ (2005) 30 Alternative Law Journal 189.

Human Rights and Equal Opportunity Commission, Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits (2007) 198–226.

Sleep Tranter Stannard , above n 2, 138–9.

Ibid 141–3.

Evidence to Standing Committee on Legal And Constitutional Affairs, Canberra, 10 November 2006, 33 (Michael Raper, President, National Welfare Rights Network).

Submission to the Senate Inquiry from the Queensland Council for Civil Liberties http://www.aph.gov.au/Senate/committee/legcon_ctte/centrelink/submissions/sub8.pdf at 20 April 2007.

(2006) 151 FCR 546 (Pelka).

Ibid 547 [5].

Ibid.

Re Pelka and Secretary, Department of Family and Community Services [2005] AATA 120, [6], [25].

Ibid [25].

Pelka (2006) 151 FCR 546, 559 [63].

Re Pelka and Secretary, Department of Family and Community Services [2005] AATA 120 [36], [37].

Pelka (2006) 151 FCR 546, 556 [52].

Ibid 557 [53].

Re Cullinane and Secretary, Department of Employment and Workplace Relations [2006] AATA 1078 [22], [33]; Re Secretary, Department of Employment and Workplace and Another and Finn (2006) 92 ALD 223, 228 [23]–[24].

Re Secretary, Department of Employment and Workplace and Another and Muller [2007] AATA 73 [11].

Re Kenny and Secretary, Department of Families, Community Services and Indigenous Affairs [2006] AATA 725 [23a].

Social Security Act 1947 (Cth) ss 6(1), 59(1), 83AAA.

Peter Sutherland with Allan Anforth, Social Security and Family Assistance Law (2nd ed, 2005) 10.

(1981) 4 ALD 362, 369 ( Evatt Fisher Ellicott JJ ).

(1984) 52 ALR 128, 131 ( Fitzgerald J ).

(1981) 3 ALN N83.

(1991) 25 ALD 27, 32 ( O'Loughlin J ).

For example Re Cahill and Secretary, Department of Family and Community Services [2005] AATA 1147, [22].

Sleep Tranter Stannard , above n 2, 143–4.

Pelka (2006) 151 FCR 546, 555–6 [46]. Quoted in Bolton and Anor and Secretary, Re Department of Families, Community Services and Indigenous Affairs and Anor [2006] AATA 685 [8]; Re Kenny and Secretary, Department of Families, Community Services and Indigenous Affairs [2006] AATA 725 [12]; Re Nguyen and Secretary, Department of Employment and Workplace Relations [2006] AATA 1106 [43].

Pelka (2006) 151 FCR 546, 555–6 [46].

Ibid 558 [59], 559 [61].

Ibid 555–559 [63].

This is how Pelka was understood and applied in the recent Federal Magistrate decision of Marei v Department of Employment and Workplace Relations [2007] FMCA 458 at [20]–[25].

Commonwealth, Parliamentary Debates, House of Representatives 1989, 1606 (Brian Howe, Minister for Social Security) 5 October.

Pelka (2006) 151 FCR 546, 556 [47].

Edwards Meredith , ‘Individual Equity in Social Policy’ in Goodnow Jacqueline Pateman Carole (eds), Women, Social Science and Public Policy (1985) 95, 102.

Commonwealth, Parliamentary Debates, House of Representatives 1974, 668 (Bill Hayden, Minister for Social Security) 20 March.

Edwards Meredith , The Income Unit in the Australia Tax and Social Security Systems (1983).

Sleep Tranter Stannard , above n 2, 145.

An example was the referencing of Anthony Giddens in Re Gill and Secretary, Department of Family and Community Services [1999] AATA 156 at [53].

Re Milovanovic and Secretary, Department of Employment and Workplace Relations [2006] AATA 930, [35].

Mossman Mary Jane , ‘The Baxter Case: De Facto Marriage and Social Welfare Policy’ (1977) 2 University of New South Wales Law Journal 1.

Human Rights and Equal Opportunity Commission, above n 4.

Carney Terry , Social Security Law and Policy (2006), 41–42, 92.