Federal Court of Australia
om CATCHWORDS Administrative law - Administrative Appeals Tribunal - appeal to Federal Court - social security - family allowance - date trom which payable where Director-General not "satisfied"
within 3 months that child a student - whether Tribunal erred in law in construction of provisions of Social Security Act -
whether 1t erred in law in finding no "special circumstances"
Administrative Appeals Tribunal Act 1975 5s. 44
Social Security Act 1947 ss. 94, 95, 395A, 98, 101, 102, 103
Beadle v D-G of Social Security (1985) 60 ALR 225
Re Ellis and Sec to the Dept. of Social Security (1985) 7 ALN
N2z908
Re Seccull and Sec. Dept. of Social Security (1985) 8 ALN N207
Re Michael and D-G of Social Security (1982) 4 ALN N288
MELEK OZCAGLI v SECRETARY TO THE DEPARTMENT OF SOCIAL
SECURITY
VG 5 OF 1986 MELBOURNE KEELY J
16 SEPTEMBER 1926
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY NO. VG 5 of 15986
wee ew
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL, GENERAL ADMINISTRATIVE DIVISION
BETWEEN: MELEK OZCAGLI Applicant AND : SECRETARY TO THE
DEPARTMENT OF SOCTAL SECURITY
Respondent MINUTE OF ORDER JUDGE MAKING ORDER : Keely d. DATE OF ORDER : 16 September, 1986 WHERE MADE : Melbourne THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal
made on 16 December 1985 be affirmed.
2. There be no order as to costs.
Note: Settlement and entry of orders 15 dealt with in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) NO. VG 5 of 19865 ) )
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL, GENERAL ADMINISTRATIVE DIVISION
BETWEEN: MELEK OZCAGLI Applicant AND : SECRETARY TO THE
DEPARTMENT OF SOCIAL SECURITY
Respondent
16 SEPTEMBER, 19856 KEELY J
PEASONS FOR JUDGMENT
This 15 an appeal from the decision of the Administrative Appeals Tribunal (the Tribunal) given on 16 December 1985, which affirmed the decision of a delegate of the Director-General of Social Security made on 21 September 1984 as to the commencement date of payment of family allowance in respect of two of the applicant's children; the office then known as Director-General has since become that of Secretary to the Department of Social Security. I have followed the Tribunal's example in using the expression "family allowance" instead of the words "child endowment",
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