Commissioner of Superannuation v. Hastings, R.J. [1986] FCA 591

CATCHWORDS

COMMONWEALTH SUPERANNUATION - Deemed invalidity - Eligible employee terminated for reasons other than physical or mental incapacity - Employee unfit for duties actually assigned but allegedly fit for available alternative duties - Whether employee may be deemed to have retired on the ground of physical or mental incapacity - Meaning of "his duties" - Whether Commissioner for Superannuation has a discretion as to directing that employee deemed to have retired on the ground

of incapacity.

Superannuation Act 1976 ss.3, 7, 75, 76, 79

Administrative Appeals Tribunal Act 1975 s.44 Public Service Act (NT) ss.31, 49

Ward v Williams (1955) 92 CLR 496, Finance Facilities Pty

Limited v Commissioner of Taxation of the Commonwealth of Australia (1971) 127 CLR 106, Re Gleeson (1907) VLR 368,

Julius v Bishop of Oxford (1880) LR 5 AC 214, Water

Conservation Commission v_ Browning (1947) 74 CLR 492, The

Queen v Australian Broadcasting Tribunal; ex parte 2HD Pty Limited (1979) 144 CLR 45, Defence Force Retirement and Death

Benefit Authority v Britt (1984) 4 FCR 306 referred to.

VG 140 of 1986 COMMISSIONER FOR SUPERANNUATION v_ ROY JAMES HASTINGS

Woodward, Keely and Wilcox JJ Melbourne

15 December 1986

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIAN DISTRICT REGISTRY ) No. VG 140 of 1986 )

GENERAL DIVISION )

ON APPEAL from the Administrative Appeals Tribunal

BETWEEN: COMMISSIONER FOR SUPERANNUATION

Applicant

AND: ROY JAMES HASTINGS

Respondent

CORAM: WOODWARD, KEELY and WILCOX JJ PLACE: MELBOURNE DATE: 15 DECEMBER 1986

MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal

be set aside and the matter be remitted to the

Tribunal, to be heard and decided again, in accordance with the reasons for judgment herein, with

such further evidence as the Tribunal may admit.