De Vries v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 368

FEDERAL COURT OF AUSTRALIA

De Vries v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 368 Citation: De Vries v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 368

Appeal from: De Vries v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 691

Parties: ERIC DE VRIES v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: VID 1081 of 2013

Judge: MORTIMER J

Date of judgment: 11 April 2014

Catchwords: SOCIAL SECURITY – Appeal from decision of Administrative Appeals Tribunal, affirming decision of Social Security Appeals Tribunal and the Minister to refuse the applicant's claim for a disability support pension – whether the AAT erred in finding that the applicant's spinal disorder was not "fully diagnosed" and therefore not a "permanent" impairment – no identifiable error by the AAT – appeal dismissed with costs.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Legislative Instruments Act 2003 (Cth) Social Security Act 1991 (Cth) s 94 Social Security Administration Act 1999 (Cth) s 39(3) Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth) ss 3, 6, 11(4))

Cases cited: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 314 Politis v Federal Commissioner of Taxation (1988) 16 ALD 707 De Vries v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 691