Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kajzer v Secretary, Department of Family & Community Services
[2000] FCA 259
BOZENA KAJZER v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES Q 187 OF 1999 DRUMMOND J 8 MARCH 2000 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 187 OF 1999
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: BOZENA KAJZER
APPELLANT
AND: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES
RESPONDENT
JUDGE: DRUMMOND J
DATE OF ORDER: 8 MARCH 2000
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondent's costs of and incidental to the appeal to be taxed.
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 Q 187 OF 1999
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: BOZENA KAJZER
APPELLANT
AND: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES
RESPONDENT
JUDGE: DRUMMOND J
DATE: 8 MARCH 2000
PLACE: BRISBANE
REASONS FOR JUDGMENT
1 This is an appeal by Mrs Kajzer against a decision of the Administrative Appeals Tribunal (AAT) given on 27 May 1999. That was the fourth determination made adverse to Mrs Kajzer in respect of her claim for newstart allowance. Two internal departmental decisions and a decision by the Social Security Appeals Tribunal (SSAT) preceded the AAT determination. Mrs Kajzer now appeals to this Court in respect of the AAT decision. Under s 44 the Administrative Appeals Tribunal Act 1975 (Cth) it is only if there is error of law demonstrated in the decision of the AAT that this Court has any power to intervene. 2 The question of the core of Mrs Kajzer's concerns is the quantification of her entitlement to newstart allowance. As the AAT observed in its reasons, there is no question that she is qualified to receive the newstart allowance. But the Social Security Act 1991 (Cth) provides a formula for calculating the quantum of her entitlement to that allowance and it is at that point that Mrs Kajzer has encountered difficulties. As the AAT observed, module G of the rate calculator applicable to her claim to newstart allowance, and contained in the Social Security Act, sets out the manner in which the ordinary income of a person and her partner affects the maximum rate of payment of newstart allowance to that person. 3 A person is partnered if the person is a member of a couple within the meaning of that expression in s 4 the Social Security Act, where the expression is defined in this way:
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