Full Court Minute Books

Case M5/2013

Director of Public Prosecutions (Cth) v. Keating

Case No.


Case Information


Constitutional law – Powers of the Commonwealth Parliament – Social Security Legislation – Retrospective application of offence – Section 66A of the Social Security (Administration) Act 1999 (Cth) ('the Administration Act') retrospectively creates duty for applicant to inform Centrelink of income increases – Applicant charged with three counts of obtaining financial advantage contrary to s 135(1) for failing to report increases in her income to Centrelink – Whether s 66A of the Administration Act invalid in so far as it operates retrospectively – Whether the sending or deemed receipt of a notice under s 68 of the Administration Act is sufficient to give rise to a duty under law to perform an action for the purposes of s 4.3(b) of the Criminal Code (Cth).

Short Particulars


14/12/2012 Hearing (Removal, Melbourne)

18/12/2012 Hearing (Single Justice, Melbourne)

02/01/2013 Cause removed

02/01/2013 Case stated

27/02/2013 Written submissions (Keating)

21/03/2013 Written submissions (DPP)

21/03/2013 Written submissions (Attorney-General for the State of South Australia intervening)

26/03/2013 Reply

27/03/2013 Written submissions - Amended (Attorney-General of the Commonweath intervening)

03/04/2013 Hearing (Full Court, Canberra)

08/05/2013 Judgment  (Judgment summary)