Director-General of Social Services v Rosemary Chaney [1980] FCA 83

' oo a BIS) TSH i es) Ye Do

IN THE FEDERAL COURT OF AUSTRALIA) )

NEW SOUTH WALES DISTRICT REGISTRY) No. G40 of 1980 ) GENERAL DIVISION ) BETWEEN :

DIRECTOR-GENERAL OF SOCIAL SERVICES

Appellant AND: ROSEMARY CHANEY

Respondent

Coram: Bowen C.J.

4 June 1980.

REASONS FOR JUDGMENT

BOWEN C.J.: Davies J. sitting as the Administrative Appeals Tribunal held that he had jurisdiction to entertain an appeal from a decision of the Director-General given on 14 April 1980 and an appeal against the decision of Davies J. has been lodged which will be heard by the Full Court on 18 June next.

To cover the situation in the meantime Davies J., in his decision which was given on 22 May 1980, made an order pursuant to sub-s.41(2) that he would suspend the order or

decision of 14 April 1980 and added:

2. /2

"I think I had better say as from the start of the next pension period until the hearing and determination of this review or order made prior to that date."

His Honour indicated that he was so deciding having in mind taking pressure off the Tribunal and to avoid having to hurry into the hearing or decision in the matter, which could be a significant matter because it was the first application under the Social Services Act.

I think it is plain that Davies J. intended by his interim order to suspend the operation of the Director- General's decision of 14 April 1980 in such a way that the pension as from the next pension period would be reinstated until the hearing.

Considerable argument has taken place before me as to whether he had power to do this having regard to the fact that he is authorised by the section, to which I have referred, to make "an order staying or otherwise affecting the operation or implementation of the decision" of the Director-General. It was argued that in the case of an order simply confirming an earlier order refusing a pension the power does not extend to making an order leading to the payment of pension.