Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jansen v Secretary, Department of Employment and Workplace Relations [2007] FCA 1358
SOCIAL SECURITY – application to extend time for appeal from Administrative Appeals Tribunal – applicant suffered anxiety/depression and self-medicated with alcohol and occasional anti-depressants – applicant denied disability support pension under s 94 and Schedule 1B of the Social Security Act 1991 (Cth) because of applicant's refusal to adopt recommended treatments Held: 1. Tribunal erred in applying objective test to refusal of treatment 2. Time for appeal extended and appeal heard and allowed instanter Social Security Act 1991 (Cth) s 94, Schedule 1B Social Security Act 1947 (Cth) ss 23, 135M(1) Re Jansen and Secretary, Department of Employment and Workplace Relations [2006] AATA 367 reversed Dragojlovic v Director General of Social Security (1984) 1 FCR 301 applied Koutsakis v Director-General of Social Security (1985) 10 FCR 42 cited McKinnon v Commonwealth of Australia [1998] FCA 1456 distinguished Re Korovesis v Director General of Social Security (1983) 6 ALD 244 cited BERNARD ANTHONY JANSEN v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS VID 1047 OF 2006
HEEREY J
7 september 2007
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1047 OF 2006
BETWEEN: BERNARD ANTHONY JANSEN
Applicant
AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: HEEREY J DATE OF ORDER: 7 september 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Time for lodging an appeal against the decision of the Administrative Appeals Tribunal dated 27 April 2006 be extended to 21 September 2006; 2. The appeal be heard instanter; 3. The appeal be allowed; 4. The order of the Tribunal dated 27 April 2006 be set aside and in lieu thereof it be ordered that the appeal be remitted to the Tribunal differently constituted; 5. The respondent pay the applicant's costs of the application and the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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