Department of Social Security v Riley, N.F. [1987] FCA 624

JUDGMENT No. 624/61.

CATCHWORDS

Administrative Law - appeal from Administrative Appeals Tribunal - appeal from decisions of Administrative Appeals

Tribunal made in review of a decision of a delegate of the applicant - whether the Administrative Appeals Tribunal, when

reviewing a decision, 1s empowered to review another decision not made by maker of decision under review, and not the subject of an application for review.

Administrative Appeals Tribunal Act 1975 ss.29,37,43,44

Social Security Act 1947 ss.14,15,15A,1057,105JA,105J3B,107,108,115,115B,115C,115D,

115E,135TA,135TB

Workers' Compensation Act 1927 (Tas.) 5s.3,5 Schedule 1 Rule 3

SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY

and NOEL F. RILEY

T. No. G 9 of 1987

NORTHROP, SHEPPARD AND JENKINSON JJ. 12 NOVEMBER 1987

MELBOURNE

» 13 NOV 1987

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUS IA

TASMANIA DISTRICT REGISTRY T. No. G 9 of 1987

eee vw

GENERAL DIVISION QON_ APP OM THE Gi INISTRATI DIVISTON OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY D PRESTI RO CHRISTIE JENNINGS .c. BETWEEN:

SECRETARY TO THE DEPARTMENT

OF SOCIAL SECURITY Applicant and NOEL F. RILEY Respondent

COURT: NORTHROP, SHEPPARD AND JENKINSON JJ. DATE : 12 NOVEMBER 1987 PLACE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS THAT: - 1. The appeal be allowed.

2. The decision of the Administrative Appeals Tribunal made on 8 May 1987 and the decision of the Administrative Appeals Tribunal made on 22 July 1987 be set aside.

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The proceedings in which the said decisions were made be remitted to the Administrative Appeals Tribunal to be heard and determined according to law.

4. The applicant pay the respondent's costs of the appeal.

(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)

*

IN THE ERAL COURT OF AUSTRALIA

) , TASMANIA DISTRICT REGISTRY ) T. No. G 3 of 1987 ) )