Spencer, Mark v Secretary, Department of Social Security [1998] FCA 445

FEDERAL COURT OF AUSTRALIA SOCIAL SECURITY - appeal from decision of a primary judge to set aside decision of Administrative Appeals Tribunal ("AAT") - whether appellant entitled to job search allowance - whether appellant satisfied statutory "activity test" - appellant seeking election as Member of Parliament - requirements imposed by "activity test" - whether test requires that "reasonable steps" must be taken to find work. ADMINISTRATIVE LAW - appeal from decision of primary judge setting aside decision of AAT - AAT's decision that appellant satisfied statutory "activity test" - whether error of law in construction of expression in statute. STATUTORY INTERPRETATION - use of extrinsic material. Social Security Act 1991 (Cth) s 522 Commissioner of Stamps (South Australia) v Telegraph Investment Company Pty Ltd (1995) 184 CLR 453, applied Re Wilcox; Ex parte Venture Industries Pty Ltd (1996) 66 FCR 511, applied Hope v Bathurst City Council (1980) 144 CLR 1, cited Collector of Customs v Agfa-Gevaert Ltd (1996) 141 ALR 59, cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, cited Re Australian Federation of Construction Contractors; Ex parte Billing (1986) 68 ALR 416, cited MARK SPENCER v SECRETARY, DEPARTMENT OF SOCIAL SECURITY NG 626 of 1997 JUDGES: HEEREY, MADGWICK and MERKEL JJ

DATE: 1 MAY 1998

place: sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG626 of 1997

On appeal from A JUDGE OF THE FEDERAL COURT

BETWEEN: MARK SPENCER

Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

JUDGE(S): HEEREY, MADGWICK AND MERKEL JJ

DATE OF ORDER: 1 MAY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The respondent pay the costs of the appellant on the appeal and in the Court below.