Harris v Secretary, Department of Employment and Workplace Relations [2007] FCA 404

FEDERAL COURT OF AUSTRALIA

Harris v Secretary, Department of Employment and Workplace Relations [2007] FCA 404

ADMINISTRATIVE LAW – eligibility for disability support pension – AAT should not have rejected claim because of absence of further hypothetical third party investigations – investigative role of decision maker SOCIAL SECURITY – eligibility for disability support pension – whether conditions investigated, treated and stablised in absence of further hypothetical third party investigations – investigative role of decision maker Administrative Appeals Tribunal Act 1975 (Cth), s 33, s 44 Social Security Act 1991 (Cth), s 94, Schedule 1B Social Security Administration Act 1999 (Cth), s 42, Schedule 2 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 referred to Luu v Renevier (1989) 91 ALR 39 applied McDonald v Director-General of Social Security (1984) 1 FCR 354followed Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 applied

INGRID HARRIS v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS NSD 1308 OF 2006

GYLES J

22 march 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1308 OF 2006

ON APPEAL FROM THE GENERAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER MD ALLEN, MEMBER AND DR MEC THORPE, MEMBER

BETWEEN: INGRID HARRIS

Applicant

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGE: GYLES J DATE OF ORDER: 22 march 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The decision of the Administrative Appeals Tribunal be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal to be dealt with according to law. 3. The respondent pay the costs of the applicant of the appeal.