Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Employment, Education, Training & Youth Affairs v Polmeer [1999] FCA 435 Social Security Act 1991 (Cth) Acts Interpretation Act 1901 (Cth) SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS v AARON POLMEER QG 86 of 1998 DOWSETT J 14 APRIL 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 86 OF 1998
BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS
Applicant
AND: AARON POLMEER
Respondent
JUDGE: DOWSETT J
DATE OF ORDER: 14 APRIL 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal should be allowed and the decision of the Administrative Appeals Tribunal set aside. 2. The decision of the Social Security Appeals Tribunal should be re-instated. 3. There be no order as to costs. 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 86 OF 1998
BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS
Applicant
AND: AARON POLMEER
Respondent
JUDGE: DOWSETT J
DATE: 14 APRIL 1999
PLACE: BRISBANE
REASONS FOR JUDGMENT 1 This is an appeal from the decision of a senior member of the Administrative Appeals Tribunal, Mr D W Muller, reviewing a decision of the Social Security Appeals Tribunal. 2 The respondent was, at the relevant time, a student claiming an Austudy allowance, and the proceedings relate to the calculation of the appropriate rate. The difficulty arises because the respondent was living with his parents who were partners in a business, supporting their family from it. The level of entitlement to Austudy is calculated having regard to the financial position of the student and his family. The relevant regulations prescribe a quite complex process designed to achieve equal treatment of a family where the primary income source is a PAYE taxpayer and one which obtains its primary financial support comes from a person who is not so employed. As I have said, both of the respondent's parents were self-employed and in partnership. 3 Regulations 12J and 12K provide:- "12J. This Subdivision applies to a student who: (a) has a parent who is a designated parent within the meaning of regulation 12L; and
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