Federal Court of Australia
CATCHWORDS SOCIAL SECURITY - invalid pension - meaning of- "permanently incapacitated for work" - likelihood of persistence in the
foreseeable future - whether any onus of proof.
ADMINISTRATIVE LAW - whether principles concerning onus of proof apply to hearings by administrative tribunals - importance of
relevant legislation.
Social Security Act 1947 ss.14, 23, 24, 46(1) and 108.
Administrative Appeals Tribunal Act ss.33(1)(c), 43 and 44.
CARMEL ELIZABETH McDONALD v DIRECTOR-GENERAL OF SOCIAL SECURITY
VG 196 of 1982
Woodward, Northrop and Jenkinson JJ. Melbourne 27 March 1984
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN :
JUDGES
DATE OF ORDER
WHERE MADE
) ) ) No. VG 196 of 1982 ) )
CARMEL ELIZABETH McDONALD Applicant and DIRECTOR-GENERAL OF SOCIAL SECURITY Respondent
Woodward, Northrop and Jenkinson JJ.
27 March 1984
Melbourne
ORDER
THE COURT ORDERS THAT:
(a)
(b)
(c)
(d)
the appeal be allowed;
the decision of the Administrative Appeals Tribunal be set aside;
the matter be remitted to the Administrative Appeals Tribunal to be reheard, with or without further evidence, and decided in the light of this Court's reasons for judgment, and
the Respondent pay the Applicant's costs.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 196 of 1982 ) )
GENERAL DIVISION
BETWEEN :
CARMEL ELIZABETH McDONALD Applicant and DIRECTOR-GENERAL OF SOCIAL SECURITY Respondent
JUDGES: Woodward, Northrop and Jenkinson JJ.
DATE: 27 March 1984
REASONS FOR JUDGMENT
WOODWARD J.
This is an appeal from a decision of the Administrative Appeals Tribunal which affirmed a decision of a delegate of the Director-General of Social Security to cancel an invalid pension which had previously been awarded to the applicant.
The appeal, provided for by s.44 of the Administrative Appeals Tribunal Act 1975, ('the AAT Act') is lamited to questions of law. The two short questions which emerged in the course of argument, and which are adequately covered by an amended notice of
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