Federal Court of Australia
Social Security - invalid pension - whether Tribunal's approach to phrase "permanently incapacitated for work" correct - whether
question of law - assessment by Tribunal of incapacity by reason of medical condition, willingness to work and availability of
employment - appeal not rehearing nor general review
Administrative Appeals Tribunal Act 1975 s.44(1) Federal Court Rules 0.53 r.3
Social Security Act 1947 ss.23, 24
GERARD JOSEPH PARKINSON v. DIRECTOR-GENERAL OF SOCIAL SECURITY
No. WA G36 of 1983
TOOHEY J. PERTH
14 MARCH 1984
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER
DATE OF ORDER WHERE MADE
THE COURT QRDERS THAT:
No. WA G36 of 1983
ON APPEAL from The General Administrative Division of the Administrative Appeals Tribunal constituted by: Me. J.O. Ballard (Senior Member), Mr. I.A. Wilkins (Member) and Dr. J.G. Billings (Member)
BETWEEN:
GERAPD JOSEPH PARKINSON
Appellant and
DIRECTOR GENERAL OF SOCIAL SECURITY
Respondent
QO R D E P
Toohey J. 14 March 1984
Perth
1. The appeal be dismissed.
2. The appellant pay the respondent's costs of
the appeal.
IN THE PEDERAL COURT )
OF AUSTRALIA '
WESTERN AUSTRALIA ' No. WA G36 of 1983 ? )
DISTRICT REGISTRY GENERAL DIVISION
ON APPEAL from The General Administrative Division of the Administrative Appeals Tribunal constituted by: Mr. J.O. Ballard 'Senior Member), Mr. I.A. Wilkins (Member) and Dr. J.G. Billings (Member)
BETWEEN: GERARD JOSEPH PARKINSON Appellant and
DIRECTOR GENERAL OF SOCIAL SECURITY
Respondent
CORAM: TOOHEY J.
14 March 1984
REASONS FOR JUDGMENT
This is an appeal from a decision of the Administrative Appeals Tribunal affirming the decision of the delegate of the Director-General of Social Security made 2 November 1982 to reject
the applicant's claim for an invalid pension.
The Administrative Appeals Tribunal Act 1975 sub-s.44(1)
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