Secretary, Department of Employment & Workplace Relations v Harris [2007] FCAFC 130

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Employment & Workplace Relations v Harris [2007] FCAFC 130

ADMINISTRATIVE LAW – disability support pension – eligibility – assessment of impairment – chronic pain – criteria for assessment – requirement that condition be diagnosed, treated and stabilised – contradictory findings by AAT – finding that condition of chronic pain not diagnosed, treated and stabilised for purposes of assessment under Impairment Tables – basis of conclusion not disclosed – conclusion contrary to the evidence – error of law – appeal dismissed SOCIAL SECURITY – eligibility criteria for disability support pension – Impairment Tables – whether condition diagnosed, treated and stabilised – effect of further hypothetical third party investigations Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS v INGRID HARRIS NSD 617 OF 2007

FRENCH, TAMBERLIN & RARES JJ

20 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 617 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Appellant

AND: INGRID HARRIS

Respondent

JUDGES: FRENCH, TAMBERLIN & RARES JJ DATE OF ORDER: 20 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 617 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Appellant