Secretary, Department of Family & Community Services v Franks [2002] FCA 575

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Franks [2002] FCA 575 SOCIAL SECURITY - Pensions - disability support pension - respondent charged with indictable offence - found unfit to stand trial - remanded to psychiatric hospital - entitlement to disability support pension while institutionalised - effect on entitlement to pension of person undergoing a course of rehabilitation while in psychiatric confinement. Mental Health Act 1974 (Qld) Social Security Act 1947 (Cth) Social Security Act 1991 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Mental Health Act 2000 (Qld)

Garden v Secretary, Department of Family and Community Services [2001] FCA 827 Appl Gibb v Federal Commissioner of Taxation (1966) 118 CLR 628 Appl Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Appl Blunn v Cleaver (1993) 47 FCR 111 Cited Blunn v Bulsey (1994) 53 FCR 572 Appl SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v CYRIL FRANKS Q202 OF 2001 COOPER J BRISBANE 8 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q202 OF 2001

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: CYRIL FRANKS

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 8 MAY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal given on 24 August 2001 to affirm the decision of the Social Security Appeals Tribunal be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal for reconsideration 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

QUEENSLAND DISTRICT REGISTRY Q202 OF 2001

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES