Gabor v Secretary, Department of Education, Employment and Workplace Relations [2011] FCA 1080

FEDERAL COURT OF AUSTRALIA

Gabor v Secretary, Department of Education, Employment and Workplace Relations [2011] FCA 1080 Citation: Gabor v Secretary, Department of Education, Employment and Workplace Relations [2011] FCA 1080

Appeal from: Gabor and Secretary, Department of Education, Employment and Workplace Relations [2011] AATA 384

Parties: RENEE D GABOR v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

File number: VID 351 of 2011

Judge: MURPHY J

Date of judgment: 5 September 2011

Catchwords: SOCIAL SECURITY – Newstart Allowance benefit paid by Centrelink– disclosure of income to Centrelink – meaning of "income" under Social Security Act 1991 (Cth) – allowance for travel time a payment in the nature of "income" ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – appeal on a question of law - meaning of "question of law"

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Income Tax Assessment Act 1997 (Cth) Social Security Act 1991 (Cth) ss 8, 1157JB, 1223

Cases cited: Comcare v Etheridge (2006) 149 FCR 522 Haldane-Stevenson v Director-General of Social Security (1986) 9 FCR 73 Lambe v Director-General of Social Services [1981] 57 FLR 262 Secretary, Department of Social Security v McLaughlin (1997) 81 FCR 35

Date of hearing: 5 September 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords