Secretary, Department of Employment & Workplace Relations v Joss [2006] FCA 884

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Employment & Workplace Relations v Joss [2006] FCA 884 SOCIAL SECURITY – Claim for Newstart allowance – meaning of 'unemployed' in s 593(1) of the Social Security Act – necessity for Administrative Appeals Tribunal to provide sufficient reasons to enable a court to ascertain whether there have been errors in the decision-making process Held – a person will be 'unemployed' within the meaning of s 593(1) of the Act if that person is without work or employment and that situation is both temporary and involuntary. If a person is carrying on business or engaged in work with a view of profit, such a person could not be considered to be 'unemployed' for the purposes of s 593(1). Held further – the reasons for the Tribunal's decision were not so wanting as to give rise to an error of law.

Social Security Act 1991 (Cth) ss 593(1), 594, 595(1), 596, 596A, 597, 598, 601(1), 635(1) Social Services Act 1947 (Cth) s 107(1)(c) Social Security Act 1947 (Cth) Industrial Relations Act 1996 (NSW) ss 105 and 106

Re McKenna and Director-General of Social Services (1981) 3 ALD 219 Re Te Velde and Director-General of Social Services (1981) 3 ALN 111 McAuliffe v Secretary, Department of Social Security (1991) 23 ALD 284 Re Brabenec and Director-General of Social Services (1981) 3 ALN 63 Re Weekes and Director-General of Social Services (1981) 3 ALN 141 Re Malaj and Secretary, Department of Social Security (1988) 15 ALD 333 Re Vavaris and Director-General of Social Security (1982) 5 ALN 16 McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 Devriadis v Secretary, Department of Family and Community Services (2000) 62 ALD 145 Dornan v Riordan (1990) 24 FCR 564 SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS v GRANT FLETCHER JOSS NSD 219 OF 2006 GRAHAM J 10 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA