Franks v Secretary, Department of Family & Community Services [2002] FCAFC 436

Cited legislation

• Social Security Act 1991
• Administrative Appeals Tribunal Act 1975
• Cth) s 44 Disability Services Act 1986
• Cth) s 20 Mental Health Act 1974
• Qld) s 34 Social Security Act 1947
• Cth) (repealed) s 135THA Social Security Act 1991
• The respondent's appeal under s 44 the Administrative Appeals Tribunal Act 1975
• Baillie Henderson Hospital in Toowoomba as a restricted patient, pursuant to Pt 4 the Mental Health Act 1974
• LEGISLATIVE CONTEXT 5 Section 1158 the Social Security Act 1991
• As to Note 2 to s 1158, s 23(8) of the Social Security Act 1991
• The issue raised in the appeal by the Secretary to the AAT was whether Mr Franks could rely on s 23(9) the Social Security Act 1991
• The learned primary judge raised for consideration by the parties whether, as a matter of construction of s 1158(1)(a)(ii) the Social Security Act 1991