Does natural justice require disclosure of provision to be used by decision-makers?

By
Sergio Zanotti Stagliorio
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Federal Court: This decision is arguably relevant to migration matters in general. Applicant's Newstart allowance was cancelled by Centrelink. He applied to AAT for merits review, arguing why the allowance should not be cancelled under s 80 of the Social Security (Administration) Act 1999 (Cth). Without notice to the Applicant, AAT affirmed cancellation decision based on s 95 of that Act. In Alphaone, FCA had held that the procedural fairness rule did not require decision-makers to reveal their "thought process". Was the reliance on s 95 instead of 80 a "thought process"?

The Federal Court answered the above question as follows:

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