Castleman v Secretary, Department of Social Security [1999] FCA 836

FEDERAL COURT OF AUSTRALIA

Castleman v Secretary, Department of Social Security [1999] FCA 836 SOCIAL SECURITY – Social Security Act 1991 (Cth) ("the Act") – appeal from decision of the Administrative Appeals Tribunal ("the Tribunal") – activity test – whether applicant's claim for the newstart allowance was appropriately considered – correct interpretation of ss 593(1) and 601(1) of the Act – whether applicant actively seeking paid work – whether s 601(1) creates an obligation on a person required to satisfy the activity test to seek every kind of paid work which is not unsuitable WORDS AND PHRASES – "actively seeking paid work" Social Security Act 1901 (Cth), ss 593(1), 601(1) Spencer v Secretary, Department of Social Security (1998) 83 FCR 306, considered Director-General of Social Services v Thomson (1981) 38 ALR 624, cited HARVEY WILLIAM DAVID CASTLEMAN v SECRETARY, DEPARTMENT OF SOCIAL SECURITY NG 953 of 1998 BRANSON J SYDNEY 24 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 953 of 1998

BETWEEN: HARVEY WILLIAM DAVID CASTLEMAN

Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 24 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal for further consideration according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 953 of 1998

BETWEEN: HARVEY WILLIAM DAVID CASTLEMAN

Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

JUDGE: BRANSON J

DATE: 24 JUNE 1999