Croker v Secretary, Department of Employment and Workplace Relations [2007] FCA 1635

FEDERAL COURT OF AUSTRALIA

Croker v Secretary, Department of Employment and Workplace Relations [2007] FCA 1635

ADMINISTRATIVE LAW – appeal from a decision of the AAT – section 94 Social Security Act 1991 (Cth) – whether the appellant had a 'continuing inability to work' – whether impairment assessment under the Act correctly calculated – definition of 'any work' within the Act – Held: decision of the AAT affirmed – appeal dismissed. Administrative Appeals Tribunal Act 1975 (Cth) s 44(1), Schedule 1B

Re Crossland and Secretary Department of Family and Community Services [2004] AATA 864 cited Re Hamal and Secretary, Department of Social Security (1993) 30 ALD 517 cited CLAYTON ROBERT CROKER v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS AND ADMINISTRATIVE APPEALS TRIBUNAL NSD 776 OF 2007

BRANSON J

30 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 776 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: CLAYTON ROBERT CROKER

Appellant

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: BRANSON J DATE OF ORDER: 30 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 776 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: CLAYTON ROBERT CROKER

Appellant

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL