Wecker v Secretary, Department of Education, Science and Training

The appellant, Mr Paul Wecker, appealed against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a decision by Centrelink to recover $10,946.20 paid to Mr Wecker as austudy payments. The payments were made in the period between 27 June 2004 and 22 July 2005. The AAT decision arose from a determination that Mr Wecker did not qualify for austudy payments as he had enrolled in a Master of Education in Adult Education at UTS, a course that did not meet the requirements for austudy payments. The primary judge, Graham J, dismissed Mr Wecker's application under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth). The key issues before the court were whether Mr Wecker's course at UTS was an approved course of education or study, whether the ministerial determination excluding Master's and Doctoral courses was ultra vires, and whether the primary judge erred in accepting the AAT's findings on the notification of a change of circumstances and the assessment of Mr Wecker's credit.

The court found that the ministerial determination did not conflict with the Social Security Act 1991 (Cth), and that Mr Wecker's enrolment in the Master of Education in Adult Education at UTS did not qualify him for austudy payments as it was not an approved course. The court held that the primary judge did not err in accepting the AAT's findings regarding the notification of a change of circumstances and the assessment of Mr Wecker's credit. The court concluded that there was no merit in any of Mr Wecker's grounds of appeal and dismissed the appeal with costs.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal.