Bishop v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1059

FEDERAL COURT OF AUSTRALIA

Bishop v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1059

RAYMOND BISHOP v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

NSD 880 of 2008

GYLES J

15 JULY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 880 of 2008

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MS N ISENBERG

BETWEEN: RAYMOND BISHOP

Applicant

AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGE: GYLES J

DATE OF ORDER: 15 JULY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the respondent's costs assessed at $300. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 880 of 2008

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MS N ISENBERG

BETWEEN: RAYMOND BISHOP

Applicant

AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGE: GYLES J

DATE: 15 JULY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This, on the face of it, is an appeal from a decision of the Administrative Appeals Tribunal dated 22 May 2008, which affirmed the decision under review, which was to cancel the applicant's disability support pension. Section 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (the Act), which is the foundation for this proceeding, provides that a party to a proceeding before the Administrative Appeals Tribunal (the Tribunal) may appeal to the Federal Court of Australia on a question of law from any decision of the Tribunal in that proceeding. 2 The notice of appeal identifies the questions of law as: "1. Occupational health and safety Act.