Post by Banjo on Apr 8, 2014 8:47:43 GMT 7
A member sent me this link to day that seems to cover a lot of what Centrelink calls "grey areas", which, to my experience, means that the decision goes their way.
1.3.1 Beneficial Administration of the Act
What is beneficial legislation?
Interpretation of the SSAct involves consideration of the fact that it is 'beneficial' legislation. This characterisation arises from the fact that the Act provides benefits to people. The relevance of the characterisation is that it is a principle of statutory interpretation that if there is an ambiguity in a piece of legislation which is beneficial in character, then the ambiguity should be resolved in a way that is most favourable to the people the Act is intended to benefit.
Explanation: In the case of the SSAct, the persons intended to benefit are the customers.
However, the interpretation of beneficial provisions must be kept within the confines of the actual language employed and that which is fairly open on the words used.
When is a beneficial approach applied?
Before resort can be had to the beneficial approach, there must first be an ambiguity on the face of the legislation. In deciding on a particular interpretation, consideration must be given to whether that interpretation will be beneficial in most cases, since a consistent approach would have to be adopted in all cases. It is not possible to apply different interpretations to individual cases, depending on which particular interpretation is most beneficial to each individual customer.
guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-1/ssguide-1.3/ssguide-1.3.1.html
To me, this covers the "time spent out of Australia" clause in their residency rules quite well.
1.3.1 Beneficial Administration of the Act
What is beneficial legislation?
Interpretation of the SSAct involves consideration of the fact that it is 'beneficial' legislation. This characterisation arises from the fact that the Act provides benefits to people. The relevance of the characterisation is that it is a principle of statutory interpretation that if there is an ambiguity in a piece of legislation which is beneficial in character, then the ambiguity should be resolved in a way that is most favourable to the people the Act is intended to benefit.
Explanation: In the case of the SSAct, the persons intended to benefit are the customers.
However, the interpretation of beneficial provisions must be kept within the confines of the actual language employed and that which is fairly open on the words used.
When is a beneficial approach applied?
Before resort can be had to the beneficial approach, there must first be an ambiguity on the face of the legislation. In deciding on a particular interpretation, consideration must be given to whether that interpretation will be beneficial in most cases, since a consistent approach would have to be adopted in all cases. It is not possible to apply different interpretations to individual cases, depending on which particular interpretation is most beneficial to each individual customer.
guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-1/ssguide-1.3/ssguide-1.3.1.html
To me, this covers the "time spent out of Australia" clause in their residency rules quite well.
