Dragojlovic, J. v The Director General of Social Security [1984] FCA 6

CATCHNORDS

Administrative Law - Social Services Act - the test to decide whether a person is permanently incapacitated for work pursuant to ss.23 ind 2¢ - 5.1351! - the meaning of "reahebilitation" in the context of s.i35M - the factors the Director-General of Social Security should take into account before refusing or cancelling a pension - the

relationship of s.135iH to s.23.

Social Services Act 1347 - ss.23, 24, 134, 125, 135M.

J. DRAGOSLOVIC ve THE DITRECTOR~GENERAL Or SOCTAL

SECURITY

VG No. 155 of 1983

6 February 1964

Smithers J.

Melbourne.

IN THE FEDEPAL COURT OF AUSTRALIA

VICTORIA DISTRICT PEGISTRY VG NO. 155 OF 1983

GENERAL DIVISION

Between: gd. DRAGOJLOVIC

(Applicant)

And: THE DIRECTOR GENERAL OF SOCIAL

SECURITY (Respondent) dJudee Making Order: Smithers J. Date of Order: 6 February 1984 Where Made: Melbourne. ORDER THE COURT ORDERS THAT: — (1) the appeal be allowed; (2) the matter be remitted to the Administrative

Appeals Tribunal for further consideration in accordance with the principles enunciated in the

reasons for judament delivered this day; and

(3) the respondent pay the costs of and incidental to

this appeal.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG NO. 155 OF 1983

GENERAL DIVISTON

J. DRAGOTLOVIC

bast [o) ct PH xe Dv 1D ee]

(Applicant )

And: THE DIRECTOR GENERAL OF SOCIAL SECURITY

(Respondent)

Coram: Smithers J.

6__February 1984

REASONS FOR JUDGMENT

This is an appeal against a decision by the Administrative Appeals Tribunal (the Tribunal) confirming an order by the respondent cancelling an invalid pension formerly granted to the applicant. The @ecision of the Tribunal proceeded on a finding that the decision of the respondent should be confirmed because the Tribunal found as a fact that the applicant had refused, unreasonably, to undergo 4 surciceél operation,

namely a lumbar laminectomy (laminectomy) for the