A return to Australia by a social security recipient ends the 'period of absence' under s 1213 of the Social Security Act 1991 (Cth), and the power to extend a portability period under s 1218C cannot be exercised to extend the period beyond the date of return. A new portability period commences upon each subsequent departure. There is no automatic entitlement or presumption in favour of a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) merely because an appeal has succeeded on a question of law; the court must consider all the circumstances.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.