Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Messner v Secretary, Department of Employment and Workplace Relations [2007] FCA 58 HELENE MESSNER v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS No SAD 139 of 2006
FINN J
7 FEBRUARY 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 139 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER L HASTWELL
BETWEEN: HELENE MESSNER
Appellant
AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: FINN J DATE OF ORDER: 7 february 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The application 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
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 139 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER L HASTWELL
BETWEEN: HELENE MESSNER
Appellant
AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: FINN J
DATE: 7 FEBRUARY 2007
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 This is a most unfortunate matter. The applicant, Helene Messner, is currently 70 years of age and has not worked for 25 years since she was diagnosed with multiple sclerosis. She has experienced financial hardship; she cannot walk unaided; she has poor vision and cannot see to use a computer. Nonetheless, she has applied herself diligently to study which has given significant meaning to her life, with the prospect therefrom of obtaining employment. 2 In undertaking two prior courses of tertiary study, the one for a Bachelor of Arts at the University of Adelaide, which she undertook between 1988 and 2002, and the other for a Graduate Diploma in Social Sciences (Counselling) ("the Counselling Diploma") at the University of SA in 2002 and 2003, she was a recipient of Pensioner Education Supplement ("PES"). The qualifications to receive PES are prescribed in the Social Security Act 1991 (Cth) ("the Act"). The question that arises in this appeal from a decision of the Administrative Appeals Tribunal rejecting her claimed eligibility for a further award of PES for another course in which she has enrolled, i.e. a Professional Certificate in Arts History ("the Arts History Certificate") is whether the Tribunal properly applied the provisions of Part 2.24A of the Act to Ms Messner.
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