Federal Court of Australia
CATCHWORDS
APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL - Invalid Pension ~ permanent incapacity for work - training courses available to applicant - effect of courses on capacity for work - no opportunity to raise issue of further training
during hearing
Social Security Act 1947 (Cth) ss.23, 24
ALI ERSOY v. THE SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY
NSW G113 of 1987
Davies J. 27 October 1987 Sydney.
27 OCT 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPAL BN \. AgaisTR:
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G113 of 1987
GENERAL DIVISION
On Appeal from the General Administrative Division of
the Administrative Appeals
Tribunal BETWEEN: ALI ERSOY Applicant AND: THE SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY Respondent
CORAM: Davies J. DATE: 27 October 1987 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:-
The appeal be dismissed.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G113 of 1987
~eewrwr we
GENERAL DIVISION
On Appeal from the General Administrative Division of
the Administrative Appeals Tribunal —
BETWEEN: ALI ERSOY
Applicant
THE SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY
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Respondent
CORAM: Davies J. DATE: 27 October 1987 PLACE: Sydney
REASONS FOR JUDGMENT
This is an appeal from a decision of the Administrative Appeals Tribunal which, by majority, affirmed a decision of a delegate of the Secretary to the Department of Social Security refusing to grant to the applicant, Mr Ali Ersoy, an invalid pension. The appeal raises points of law
only.
The relevant provisions of the Social Security Act
1947 (Cth), which have since been amended by Act No. 88 of
1987, provided:-
"23. For the purposes of this Division, a person shall be deemed to be permanently incapacitated for work if the degree of his permanent incapacity for work is not less than eighty five per centum.
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