Secretary, Department of Employment & Workplace Relations v Homewood [2006] FCA 779

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Employment & Workplace Relations v Homewood

[2006] FCA 779 ADMINISTRATIVE LAW – Administrative Appeals Tribunal – duty to give reasons for decision – nature of duty – not limited to setting out findings of fact and references to the evidence – Tribunal's reasoning process adequately disclosed – application dismissed SOCIAL SECURITY – disability support pension – compensation payment for injury giving rise to disability – preclusion period during which pension not payable – calculation of preclusion period – dissipation of compensation – imminent destitution of applicant for pension – discretion to treat whole or part of compensation payment as not made – shortened preclusion period – special circumstances – nature of decision-making process – nature of discretion – whether discretion confined by reference to principles upon which preclusion period is determined under the Act

Social Security Act 1991 (Cth) s 17(1), 17(3)(a), s 1170(4), s 1184K Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) s 43 Comcare Australia v Mathieson (2004) 79 ALD 518 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Brackenreg v Comcare Australia (1995) 56 FCR 335 cited Dixon v Repatriation Commission (1999) 29 AAR 235 cited Hawkins v Comcare (2001) 115 FCR 127 cited Times Consultants Pty Ltd v Collector of Customs (Qld) (1987) 76 ALR 313 cited SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS v WALTER HOMEWOOD WAD 24 OF 2006 FRENCH J 21 JUNE 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD24 OF 2006

On Appeal from the Administrative Appeals Tribunal

Constituted by Member L Savage Davis

BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS