Secretary, Department of Family & Community Services v Rolley [2000] FCA 806

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Rolley [2000] FCA 806

SOCIAL SECURITY - appeal from decision of Administrative Appeals Tribunal – pension – income earned from casual employment – whether income free area limit exceeded – calculation of income – distinction between annual amount and annual rate of income – question of fact – character of income received.

Social Security Act 1991 (Cth)

Harris v Director-General of Social Security (1985) 57 ALR 729 discussed, followed Haldane-Stevenson v Director-General of Social Security (1985) 60 ALR 621 cited SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v JANET ROLLEY Q3 OF 2000 FRENCH, KIEFEL AND DOWSETT JJ 20 JUNE 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q3 OF 2000

On appeal from the General Administrative Division of the Administrative Appeals Tribunal constituted by Ms S A Forgie (Deputy President)

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: JANET ROLLEY

RESPONDENT

JUDGE: FRENCH, KIEFEL AND DOWSETT JJ

DATE OF ORDER: 20 JUNE 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. There will 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 Q3 OF 2000

On appeal from the General Administrative Division of the Administrative Appeals Tribunal constituted by Ms S A Forgie (Deputy President)

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: JANET ROLLEY

RESPONDENT

JUDGE: FRENCH, KIEFEL AND DOWSETT JJ