Dooley, N.M. v. Secretary, Department of Health, Housing, Local Government & Community Services [1994] FCA 1014

JUDGMENT No, L214 FY-

CATCHWORDS

ADMINISTRATIVE LAW - Appeal - Rehabilitation program approved for applicant - No finite term for program - Timetable for provision of tuition and treatment drawn up from time to time - Timetable providing for program to be completed by certain date - Applicant unsuccessfully requests extension of timetable - Review by officer holding relevant delegation - Decision that applicant be provided with assistance to complete program - Timetable drawn up for completion of program by extended date - Application for review by Administrative Appeals Tribunal - Matter proceeded before Tribunal on basis that program terminated under statutory provision - Question whether Tribunal correctly identified reviewable decision - Whether appropriate findings made to satisfy statutory provision.

Administrative Appeals Tribunal Act 1975 (Cth), subs.44(1) Disability Services Act 1986 (Cth), ss.3, 20, 21A

NICHOLAS MORPHETT DOOLEY v SECRETARY, DEPARTMENT OF HEALTH, HOUSING, LOCAL GOVERNMENT AND COMMUNITY SERVICES

No. ACT G 128 of 1993

Neaves J. 22 December 1994 Canberra

Seer sey beter

rey

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

JUDGE MAKING ORDER DATE OF ORDER

WHERE MADE

) ) No. ACT G 128 of 1993 ) ) )

ON APPEAL FROM THE GENERAL ADMINISTRATIVE

DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: NICHOLAS MORPHETT DOOLEY

Applicant

é

SECRETARY, DEPARTMENT OF HEALTH, HOUSING, LOCAL GOVERNMENT AND COMMUNITY SERVICES

Respondent

MINUTE OF ORDER

Neaves J.

22 December 1994

Canberra

THE COURT ORDERS THAT:

Note:

1.

2.

The decision of the Administrative Appeals Tribunal given on 30 November 1993 be set aside.

The matter be remitted to the Administrative Appeals Tribunal with a direction that the matter be remitted to the respondent for re-assessment of the applicant's situation in relation to the uncompleted