Federal Court of Australia
* SUDGMENT No. 97.8./.88.0
CATCHWORDS ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal - whether question of law involved - whether a
professional qualification can also _ be an academic
qualification.
Administrative Appeals Tribunal Act 1975 s.44
Student Assistance Act 1973 s.14
Student Assistance Regulations Reg.55
LALITHA NAGASINGHE v SECRETARY, DEPARTMENT OF EDUCATION
No. G 159 of 1987
Woodward, Fisher and Spender JJ. 28 July 1988 Adelaide
IN THE FEDERAL COURT OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G 159 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN:
LALITHA NAGASINGHE Applicant
and
SECRETARY, DEPARTMENT OF EDUCATION Respondent
MINUTES OF ORDER
COURT: Woodward, Fisher and Spender JJ
DATE: 28 July 1988
PLACE: Adelaide
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
SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G 159 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN:
LALITHA NAGASINGHE Applicant
and
SECRETARY, DEPARTMENT OF EDUCATION Respondent
COURT: Woodward, Fisher and Spender JJ
DATE: 28 July 1988
PLACE: Adelaide
REASONS FOR JUDGMENT
THE COURT
This is an appeal on a question of law from a decision of the Administrative Appeals Tribunal ('the Tribunal'). The decision, given by Deputy President Layton, followed her review of a decision made by an authorised person who failed to approve the grant to the applicant of a Post Graduate Award, pursuant to 5.14 of the Student Assistance Act 1973 ('the Act'). Section 14 of the Act stated at the relevant time, so far as is relevant for
present purposes:
"An authorized person may, subject to and in accordance with the regulations, approve the grant of a Post-graduate Award to a person who is an Australian citizen or a permanent resident of Australia and is undertaking or proposes to undertake, as a full-time student at a university or at an advanced education institution, a post-graduate course of study, instruction or research approved by the Minister for the purposes of this section ....
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