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Boscolo v Secretary, Department of Social Security

Boscolo v Secretary, Department of Social Security

Case [1999] FCA 106

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AGLC: Boscolo v Secretary, Department of Social Security [1999] FCA 106
Case: [1999] FCA 106
Decision Date: 18 FEBRUARY 1999

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Orders

Orders of the court

1. The application is allowed.

2. The decision of the Tribunal on 4 February 1998 affirming the decision of the respondent be set aside.

3. The matter be remitted to the Tribunal for reconsideration in accordance with these reasons.

4. There will be no order as to costs.

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Citations

Boscolo v Secretary, Department of Social Security [1999] FCA 106

Most Recent Citation

R v Jeisman [2014] SADC 11

Cases Citing This Decision

207

Mr HSTJ and Secretary, Department of Social Services (Social security second review) [2025] ARTA 1693
Citation 1 (Para 26)

…iscretion under section 24 of the Act. As outlined in the Respondent’s submissions, the court in Boscolo v Secretary, Department of Social Security [1999] FCA 106 stated: The word "special" conditioning "reasons" or "circumstances" guards the entrance to the exercise of many different statutory discretions. It is…
WXHG; Secretary, Department of Social Services and (Social security second review) [2025] ARTA 781
Citation 2 (Para 6)

…In Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531, the Federal Court (at 536) noted that: The core of the requirement for ‘special circumstances’ or ‘special reasons’ is that there be something unusual or different to take the matter the subject of discretion out of the ordinary course: Ministe…
GPLF; Secretary, Department of Social Services and (Social security second review) [2025] ARTA 636
Citation 3 (Para 26)

…The term special reason is not defined in the Act. In Boscolo v Secretary, Department of Social Security [1999] FCA 106 ( Boscolo ), French J stated: The core of the requirement for “special circumstances” or “special reasons” is that there be something unusual or different to take the matter the subject of the d…
Sleeman and Secretary, Department of Social Services (Social security) [2025] ARTA 2034
Citation 4 (Para 4)

…icular case. Although the term “special reason” is not defined in the SS Act, the Federal Court of Australia observed in Boscolo v Secretary, DSS (1999) 90 FCR 531 that the use of the word “special” suggests that the discretion should not be lightly enlivened and that it requires something unusual or different about…
VTYB and Secretary, Department of Social Services (Social security second review) [2025] ARTA 289
Citation 5 (Para 2)

…retion under section 24 of the SS Act. As outlined in the Respondent’s submissions, the court in Boscolo v Secretary, Department of Social Security [1999] FCA 106 stated (at paragraph 18): The word "special" conditioning "reasons" or "circumstances" guards the entrance to the exercise of many different statutory…
TRAN (MIGRATION) [2024] ARTA 122
Citation 6

…for there to be something unusual or different to take the matter out of the ordinary (see Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 at 535-6).…
Holmes-Preston and Secretary, Department of Social Services (Social services second review) [2024] AATA 3502
Citation 7 (Para 31)

…y and Community Services v Sammut [1999] FCA 1735; (1999) 58 ALD 691 at [21] per Branson J and Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 at [19] per French J). [21] The “concept of special circumstances is broad [and] [a] constellation of factors, including financial cir…
HYHY and Child Support Registrar (Child support second review) [2024] AATA 3226
Citation 8

…ment of Social Security [1995] FCA 1708; (1995) 40 ALD 541, 545 Boscolo v Secretary, Department of Social Security [1999] FCA 106 1999) 90 FCR 531 [18] Dranichnikov v Centrelink [2003] FCAFC 133 [66] [2003] FCAFC 133; (2003) 75 ALD 134, 148; Angelakos and Secretary, Department of Employment and Workplace Rela…
Pietsch and Secretary, Department of Social Services (Social services second review) [2024] AATA 2678
Citation 9 (Para 1)

…ons removed. Emphasis added.) [48] Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531, 536 [20]. [49] Ibid 535-6 [18]-[19].…
Moustakas; Secretary, Department of Social Services and (Social services second review) [2024] AATA 2160
Citation 10 (Para 33)

…tical matter assessment and determination will tend to be rolled up as one decision. [42] [42] Boscolo v Secretary, Department of Social Security [1999] FCA 106 at [19].…
Greene and Secretary, Department of Social Services (Social services second review) [2024] AATA 811
Citation 11 (Para 6)

…, Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] F…
Warry and Secretary, Department of Social Services (Social services second review) [2024] AATA 500
Citation 12 (Para 41)

…s, Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639 at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531 at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FC…
TZBP and Child Support Registrar (Child support second review) [2024] AATA 108
Citation 13 (Para 12)

…Secretary, Department of Social Security [1995] FCA 1708; (1995) 40 ALD 541, 545; Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 [18]; Dranichnikov v Centrelink [2003] FCAFC 133 [66]; [2003] FCAFC 133; (2003) 75 ALD 134, 148; Angelakos and Secretary, Department of Employment…
Mears and Secretary, Department of Social Services (Social services second review) [2024] AATA 53
Citation 14 (Para 25)

…the Federal Court, considered the nature of this discretion in the matter of Boscolo v Secretary, Department of Social Security [6] ( Boscolo ). [6] [1999] FCA 106 ( Boscolo ).…
William and Secretary, Department of Social Services (Social services second review) [2023] AATA 3437
Citation 15 (Para 12)

…Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639 at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531 at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA…
Yell and Secretary, Department of Social Services (Social services second review) [2023] AATA 2451
Citation 16 (Para 35)

…[12]. [6] Dranichnikov v Centrelink [2003] FCAFC 133. [7] Boscolo v Secretary, Department of Social Security [1999] FCA 106.…
Austin and Secretary, Department of Social Services (Social services second review) [2023] AATA 2302
Citation 17 (Para 9)

…In Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531 ( Boscolo ), 536 at [18], French J stated that special circumstances required “ something unusual or different ”: The core of the requirement for “special circumstances” or “special reasons” is that there be something unusual or different to tak…
Godfrey and Secretary, Department of Social Services (Social services second review) [2023] AATA 1817
Citation 18 (Para 32)

…, Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] F…
KCFY and Secretary, Department of Social Services (Social services second review) [2023] AATA 983
Citation 19 (Para 34)

…s that there be something unusual or different to take the matter the subject of the discretion out of the ordinary course… [134] [134] [1999] FCA 106 at [18].…
Aycha and Secretary, Department of Social Services (Social services second review) [2023] AATA 721
Citation 20 (Para 24)

…eat the Applicant and Ms F as not being members of a couple (RSFIC [5.7]-[5.21]). These include Re Boscolo v Secretary, Department of Social Security [1999] FCA 106 ( Boscolo ), and Kazmierczak . In short, it is contended that no such special reasons exist in this case. Rather, Mr Aycha is the owner of significan…
Gorman and Secretary, Department of Social Services (Social services second review) [2023] AATA 371
Citation 21 (Para 30)

…Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA…
Gorman-Ewing and Secretary, Department of Social Services (Social services second review) [2023] AATA 370
Citation 22 (Para 9)

…Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA…
2206309 (Migration) [2023] AATA 530
Citation 23 (Para 27)

…is for there to be something unusual or different to take the matter out of the ordinary (see Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 at 535-6).…
Taylor and Secretary, Department of Social Services (Social services second review) [2022] AATA 4378
Citation 24 (Para 41)

…reason " is not defined in the Act. The Federal Court of Australia observed in Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531; [1999] FCA 106 that although the s 24 discretion is " not lightly to be enlivened ” that “ does not require that the case be extremely unusual, uncommon or exceptio…
James (Migration) [2022] AATA 4653
Citation 25 (Para 16)

…is for there to be something unusual or different to take the matter out of the ordinary (see Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 at 535-6).…
James (Migration) [2022] AATA 4644
Citation 26 (Para 16)

…is for there to be something unusual or different to take the matter out of the ordinary (see Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 at 535-6).…
James (Migration) [2022] AATA 4646
Citation 27 (Para 16)

…is for there to be something unusual or different to take the matter out of the ordinary (see Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 at 535-6).…
Innes and Secretary, Department of Social Services (Social services second review) [2022] AATA 3977
Citation 28 (Para 22)

…Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA…
Lipohar and Secretary, Department of Social Services (Social services second review) [2022] AATA 3266
Citation 29 (Para 28)

…l reason’ is not defined in the Act. However, the Federal Court observed in Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531; [1999] FCA 106 at [18] that, although the section 24 discretion is ‘not lightly to be enlivened’ , it ‘does not require that the case be extremely unusual, uncommon or…
Rofail and Secretary, Department of Social Services (Social services second review) [2022] AATA 2317
Citation 30 (Para 23)

…In Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531 ( Boscolo ), 536 [18], French J stated that special circumstances required “ something unusual or different ”: The core of the requirement for “special circumstances” or “special reasons” is that there be something unusual or different to take t…
GRYB and Secretary, Department of Social Services (Social services second review) [2022] AATA 2156
Citation 31 (Para 4)

…he individual's case would make it unjust or unreasonable not to do so. [54] See Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18] per French J (as he then was).…
RFGW and Secretary, Department of Social Services (Social services second review) [2022] AATA 2154
Citation 32 (Para 1)

…he individual's case would make it unjust or unreasonable not to do so. [35] See Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18] per French J (as he then was).…
Charnley and Secretary, Department of Social Services (Social services second review) [2022] AATA 1530
Citation 33 (Para 29)

…, Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] F…
Gilmartin; Secretary, Department of Social Services and (Social services second review) [2022] AATA 723
Citation 34 (Para 7)

…, Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] F…
Boyd and Secretary, Department of Social Services (Social services second review) [2022] AATA 484
Citation 35 (Para 15)

…using, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 1…
Dobbie; Secretary, Department of Social Services and (Social services second review) [2022] AATA 324
Citation 36 (Para 22)

…In Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531; (1999) 53 ALD 277 ( Boscolo ), French J (as he then was) explained the special reason discretion at [18] as follows: The word “special” conditioning “reasons” or “circumstances” guards the entrance to the exercise of many different statutory di…
RCBZ and Child Support Registrar (Child support second review) [2021] AATA 4435
Citation 37 (Para 30)

…Secretary, Department of Social Security [1995] FCA 1708; (1995) 40 ALD 541, 545; Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 [18]; Drainchnikov v Centrelink [2003] FCAFC 133 [66]; [2003] FCAFC 133; (2003) 75 ALD 134, 148; Angelakos and Secretary, Department of Employment…
Vella; Secretary, Department of Social Services and (Social services second review) [2021] AATA 4051
Citation 38 (Para 31)

…, Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] F…
Kristoffersen and Secretary, Department of Social Services (Social services second review) [2021] AATA 1345
Citation 39 (Para 5)

…, Housing, Community Services and Indigenous Affairs v Jones (2012) 89 ATR 267; [2012] FCA 639, at [51]; Boscolo v Secretary, Dept of Social Security [1999] FCA 106; (1999) 90 FCR 531, at [18]; Barker J in Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] F…
Magok and Secretary, Department of Social Services (Social services second review) [2021] AATA 571
Citation 40 (Para 23)

…In Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531 ( Boscolo ), 536 [18], French J stated that special circumstances required “ something unusual or different ”: The core of the requirement for “special circumstances” or “special reasons” is that there be something unusual or different to take t…
Mohammad and Secretary, Department of Social Services (Social services second review) [2020] AATA 4911
Citation 41 (Para 21)

…se because of his wife's lack of resources, income and prospects': see paragraph [13]. c) In Boscolo v Secretary, Department of Social Security [1999] FCA 106, French J (as his Honour then was) considered the provision in some detail, saying: 18. The word "special" conditioning "reasons" or "circumstances" guards…
Watiwat and Secretary, Department of Social Services (Social services second review) [2020] AATA 4683
Citation 42 (Para 18)

…sis for treating it differently from other cases, presumably the ordinary kind of case.[1] [1] Boscolo v Secretary, Department of Social Security [1999] FCA 106 at [18].…
SPWX v Secretary, Department of Social Services [2020] AATA 3883
Citation 43 (Para 14)

…al Security [1999] FCA 106 ( Boscolo ) at [19]. The submissions made on behalf of the Respondents at the hearing were brief, with reliance placed in large part upon its written submissions. It was submitted that: (a)given that SPWX had been subject to an adverse debt decision, this should have prompted her to mak…
Lee and Secretary, Department of Social Services (Social services second review) [2020] AATA 3361
Citation 44 (Para 52)

…ances which would demonstrate that her circumstances were “ unusual, uncommon or exceptional”: Boscolo v Secretary, Department of Social Security [1999] FCA 106.…
Kothe and Secretary, Department of Social Services (Social services second review) [2020] AATA 3195
Citation 45 (Para 25)

…, Department of Social Services (Social services second review) [2019] AATA 715 at [50]. [114] Boscolo v Secretary, Department of Social Security [1999] FCA 106 at [18].…
Brinkworth and Secretary, Department of Social Services (Social services second review) [2020] AATA 3133
Citation 46 (Para 8)

…French J, in Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531 stated at 536 [18] that: The core of the requirement for ‘special circumstances’ or ‘special reasons’ is that there be something unusual or different to take the matter the subject of the discretion out of the ordinary course… But that…
SYKG and Secretary, Department of Social Services (Social services second review) [2020] AATA 1912
Citation 47 (Para 14)

…r authorities regarding the meaning of “ special circumstances ”. These authorities included Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531 ( Boscolo ), 535-6 [18] where French J (as he then was) stated: The core of the requirement for ‘special circumstances’ or ‘special reasons’ is that there…
AHAMED v Secretary, Department of Social Services [2020] FCCA 1245
Citation 48 (Para 7)

…s lack of resources, income and prospects’: see paragraph [13]. c)In Boscolo v Secretary, Department of Social Security [1999] FCA 106, French J (as his Honour then was) considered the provision in some detail, saying: 18. The word “special” conditioning “reasons” or "circumstances" guards the entrance to the exe…
Burrell and Secretary, Department of Social Services (Social services second review) [2020] AATA 1162
Citation 49

…16] AATA 493 Beadle v Director-General of Social Security (1985) 7 ALD 670; 60 ALR 225 Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531 Cullinane and Secretary, Department of Family and Community Services [2004] AATA 789 Day and Secretary, Department of Education, Employment and Workplace Relatio…
Zablotsky and Secretary, Department of Social Services (Social services second review) [2020] AATA 374
Citation 50 (Para 26)

…“does not require that the case be extremely unusual, uncommon or exceptional”.[147] [147] Boscolo v Secretary, Department of Social Security [1999] FCA 106, [18].…

Cases Cited

Statutory Material Cited

MZYDG v Minister for Immigration and Citizenship [2009] FCA 1338
Citation 1 (Para 18)

…686 per Burchett J. It is an elastic instruction suitable for application across a range of situations – Jess v Scott (1986) 70 ALR 185. This is just another way of pointing to its instrumental character. That application is not to be confined by precise limits or rules – Beadle (supra) at 228. Circumstances or reas…
Secretary, Department of Social Security v Hodgson [1992] FCA 510
Citation 2 (Para 18)

…be extremely unusual, uncommon or exceptional – Secretary, Department of Social Security v Hodgson (1992) 108 ALR 322. In Beadle (supra) the Full Court, having concluded that the term “special” was sufficiently well understood not to require a judicial gloss said the matter was one for the decision-maker, in that ca…
Holpitt Pty Ltd v Varimu Pty Ltd [1991] FCA 354
Citation 3 (Para 18)

…” in relation to animals generally but “…when you are speaking of poets, he may need to be a Milton” - Holpitt v Varimu (1991) 103 ALR 684 at 686 per Burchett J. It is an elastic instruction suitable for application across a range of situations – Jess v Scott (1986) 70 ALR 185. This is just another way of pointing to…
Minister for Community Services and Health v Chee Keong Thoo [1988] FCA 54
Citation 4 (Para 18)

…discretion out of the ordinary course - Minister for Community Services and Health v Chee Keong Thoo (1988) 78 ALR 307 at 324 (Burchett J). But that does not require that the case be extremely unusual, uncommon or exceptional – Secretary, Department of Social Security v Hodgson (1992) 108 ALR 322. In Beadle (supra)…
Jess v Scott [1986] FCA 473
Citation 5 (Para 18)

…3 ALR 684 at 686 per Burchett J. It is an elastic instruction suitable for application across a range of situations – Jess v Scott (1986) 70 ALR 185. This is just another way of pointing to its instrumental character. That application is not to be confined by precise limits or rules – Beadle (supra) at 228. Circumstan…
Beadle v Director-General of Social Security [1985] FCA 234
Citation 6 (Para 18)

…s having content which is “…sufficiently understood not to require judicial gloss” – Beadle v Director-General of Social Security (1985) 60 ALR 225 at 228. If helpful to speak in terms of its meaning almost all of it comes from context. Thus man may be “special” in relation to animals generally but “…when you are sp…

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