Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Jansen [2008] FCAFC 48

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Jansen [2008] FCAFC 48

ADMINISTRATIVE LAW – application for disability support pension – qualification for pension dependent on condition being treated – whether there is a compelling reason for a person not to undertake further treatment for their condition WORDS AND PHRASES – "compel" Social Security Act 1991 (Cth) s 94, Schedule 1B Airedale NHS Trust v Bland (1993) 1 All ER 821 cited Babicci v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1645 cited Dragojlovic v Director-General of Social Security (1984) 1 FCR 301 considered In re F (Mental Patient: Sterilisation) [1990] 2 AC 1 cited Koutsakis v Director-General of Social Security (1985) 10 FCR 42 considered Lorenzo Paduano v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 143 FCR 204 considered McNamara v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1096 considered Schloendorff v The Society of The New York Hospital (1914) 211 NY 125 cited Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 cited The New Shorter Oxford English Dictionary (fourth edition) Macquarie Dictionary (second revised edition) SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS v BERNARD ANTHONY JANSEN VID 885 OF 2007

GYLES, STONE & BUCHANAN JJ

4 april 2008

SYDNEY (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 885 OF 2007

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

BETWEEN: SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

Appellant

AND: BERNARD ANTHONY JANSEN

Respondent

JUDGES: GYLES, STONE & BUCHANAN JJ DATE OF ORDER: 4 APRIL 2008