Secretary, Department of Social Security v Murphy, Peter Thomas [1998] FCA 809

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - Administrative Appeals Tribunal - Error of law - No material before Tribunal upon which the conclusion could properly be based. Administrative Appeals Tribunal Act 1975 (Cth) - ss 33, 38, 43, 44 Social Security Act 1991 (Cth) - s 94, Schedule 1B Collins v Minister for Immigration (1981) 36 ALR 598, followed Commonwealth of Australia v Human Rights and Equal Opportunity Commission (1998) 152 ALR 182, followed SECRETARY, DEPARTMENT OF SOCIAL SECURITY v PETER THOMAS MURPHY QG 205 OF 1997 DRUMMOND J 29 JUNE 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 205 of 1997

on appeal from the Administrative Appeals Tribunal

BETWEEN: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Applicant

AND: PETER THOMAS MURPHY

Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 29 JUNE 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be allowed and the decision of the Administrative Appeals Tribunal be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal, differently constituted, for redetermination. 3. The Administrative Appeals Tribunal have power to receive further evidence. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 205 of 1997

on appeal from the Administrative Appeals Tribunal

BETWEEN: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Applicant

AND: PETER THOMAS MURPHY

Respondent

JUDGE: DRUMMOND J

DATE: 29 JUNE 1998

PLACE: BRISBANE

REASONS FOR JUDGMENT

This is an appeal under s 44 the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Tribunal which set aside a decision of the Social Security Appeals Tribunal affirming the decision of the delegate of the applicant that the respondent was not qualified for a disability support pension.