Federal Court of Australia
"
CATCHWORDS
Social Services - appeal from a decision of Administrative Appeals Tribunal -— cancellation of supporting parents benefit - interpretation of "supporting mother" and "living with a man as his wife on a bona fide domestic basis" - whether financial support is one of a series of factors or the crucial factor - qualification for acceptance a pre-requisite to determination
of need - scheme and purpose of Social Services Act.
SOCIAL SERVICES ACT 1947 s.15, Part IV AAA, s.83 AAA
Order 53 rule 4 of Rules of Federal Court.
KAREN _ LAMBE Vv DIRECTOR GENERAL OF SOCIAL SERVICES
S.A. No. G27 of 1981
CORAM: Evatt, Fisher & Ellicott J.J.
Adelaide
3 November 1981
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No. G27 of 1981
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL GENERAL ADMINISTRATIVE DIVISION = BETWEEN:
KAREN _LAMBE
Appellant
- and -
DIRECTOR _ GENERAL OF SOCIAL SERVICES
Respondent
ORDER
JUDGES MAKING ORDER
EVATT, FISHER & ELLICOTT J.J.
DATE OF ORDER
3 NOVEMBER 1981
WHERE MADE ADELAIDE
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No. G27 of 1981
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE
APPEALS TRIBUNAL GENERAL ADMINISTRATIVE DIVISION
BETWEEN: KAREN _LAMBE Appellant - - and - DIRECTOR GENERAL OF SOCIAL SERVICES
Respondent
CORAM: Evatt, Fisher & Ellicott J.J.
3 November 1981
REASONS FOR JUDGMENT THE COURT: On or about the 19 July 1979 a decision was made by an officer of the Department of Social Security to cancel with effect from that date the supporting parent's benefit then being paid to the appellant. On 7 August 1979 the appellant appealed from that decision to the Director General of Social Services pursuant to the provisions of s.15 of the Social Services Act 1947 ("the Act"), The appeal was, in accordance with internal departmental practice, referred to and considered by the "Social Security Appeals Tribunal", an advisory body constituted by the Department but without statutory authority. This Tribunal on 1lL September 1979 recommended that the appellant's appeal be upheld.
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