Secretary, Department of Family & Community Services v Reid [2000] FCA 1874

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family and Community Services v Reid [2000] FCA 1874 Social Security – loss of earning capacity compensation payment – application for disability support pension – compensation affected payment – whether capital loss payments under s 42A of the Workers Rehabilitation and Compensation Act 1986 (SA) attract a preclusion period under s 1165 of the Social Security Act 1991 (Cth) or are to be treated as though they were received as periodic payments under ss 1163A and 1168 of the Social Security Act 1991 (Cth). Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB Administrative Appeals Tribunal Act 1975 (Cth), s 44 Social Security Act 1991 (Cth), ss 17, 1163, 1163A, 1165, 1168 Workers Rehabilitation and Compensation Act 1986 (SA), ss 35, 42A

Vlouhakis v WorkCover Corporation (1996) 185 LSJS 473 referred to Hill v Workers Rehabilitation and Compensation Corporation (1997) 191 LSJS 300 referred to Secretary, Department of Family and Community Services v Edwards [2000] FCA 1645 referred to Secretary, Department of Social Security v Banks (1990) 20 ALD 19 cited Refrigerated Express Lines (A/Asia) Pty Ltd v Australian Meat and Live-stock Corporation and Others (1980) 29 ALR 333 cited Re Bolton Ex parte Beane (1987) 162 CLR 514 cited Matter No S 85 of 2000 SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v KEVIN REID von DOUSSA J ADELAIDE 20 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 85 OF 2000

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: KEVIN REID

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 20 DECEMBER 2000

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal made on 5 July 2000 be set aside. 3. The decision of the Social Security Appeals Tribunal dated 15 July 1998 which affirmed a decision of the delegate of the then Secretary, Department of Family and Community Services, made on 6 March 1998 be restored. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.