Secretary, Department of Employment, Education, Training & Youth Affairs v Baker, Melita [1997] FCA 807

FEDERAL COURT OF AUSTRALIA

SOCIAL SECURITY - Newstart Allowance - appeal from Administrative Appeals Tribunal - Case Management Activity Agreement - clause in agreement requiring attendance at literacy assessment program - failure to attend on stipulated date - new date not communicated to respondent in writing - whether requirement that variation of agreement by department be in writing - whether attendance at literacy assessment program an "activity" - assessment prerequisite for assessing respondent's capabilities and recommending suitable training program - breach of cl 2 and not cl 1 of agreement as argued by applicant - appeal allowed Employment Services Act 1994 (Cth) ss 38(2), 39(1), 43(1)(a), 45(5), 45(6), Student & Youth Assistance Act 1993 (Cth) s 162

Re Secretary, Department of Employment, Education, Training & Youth Affairs v Ruiz (1996) 41 ALD 627 SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING & YOUTH AFFAIRS v BAKER NO TG 6 of 1997 JUDGE: HEEREY J PLACE: MELBOURNE (heard in Hobart) DATE: 15 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) TASMANIA DISTRICT REGISTRY ) NO. TG 6 of 1997 ) GENERAL DIVISION )

BETWEEN: SECRETARY, DEPARTMENT OF

EMPLOYMENT, EDUCATION,

TRAINING AND YOUTH AFFAIRS

Applicant

AND: MELITA BAKER

Respondent

JUDGE: HEEREY J PLACE: MELBOURNE DATE: 15 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. Appeal dismissed with costs including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) TASMANIA DISTRICT REGISTRY ) NO. TG 6 of 1997 ) GENERAL DIVISION )