Secretary, Department of Family & Community Services v Edwards [2000] FCA 1645

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Edwards

[2000] FCA 1645

ADMINISTRATIVE LAW - whether the Secretary is prevented by s 1163(9) the Social Security Act 1991 (Cth) from taking into account, in making a decision under s 1184(1) of the Act, the fact that there is no causal connection between the circumstances giving rise to a person's entitlement to social security benefits and compensation for injury

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) ss 17, 1163, 1165, 1166, 1179, 1184

Secretary to the Department of Social Security v Siviero (1986) 13 FCR 431 referred to Re Secretary, Department of Social Security and Lee (1993) 30 ALD 250 discussed Secretary, Department of Social Security v Hulls (1991) 22 ALD 570 cited Secretary, Department of Social Security v a'Beckett (1990) 26 FCR 349 cited Secretary, Department of Social Security v Smith (1991) 30 FCR 56 considered Waterford v The Commonwealth of Australia (1987) 163 CLR 54 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6 referred to SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v DEAN EDWARDS Q 71 OF 2000 DRUMMOND J BRISBANE 16 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 71 OF 2000

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: DEAN EDWARDS

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 16 NOVEMBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA