Gallacher v Secretary, Department of Social Services [2015] FCA 1123

FEDERAL COURT OF AUSTRALIA

Gallacher v Secretary, Department of Social Services [2015] FCA 1123 Citation: Gallacher v Secretary, Department of Social Services [2015] FCA 1123

Appeal from: Gallacher and Secretary, Department of Social Services [2015] AATA 294

Parties: RACHEL LEE GALLACHER v SECRETARY, DEPARTMENT OF SOCIAL SERVICES

File number: SAD 146 of 2015

Judge: BESANKO J

Date of judgment: 23 October 2015

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed a decision to reject the applicant's application for a Disability Support Pension – whether the Tribunal considered a medical report referrable to the applicant's condition many months after the applicant's application was lodged – where the Tribunal was required to consider whether the applicant met the relevant criteria on the date of the applicant's application or within 13 weeks of that date – Social Security (Administration) Act 1999 (Cth) ss 41, 42, Sch 2 ss 3, 4. Held: Appeal dismissed.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) s 94 Social Security (Administration) Act 1999 (Cth) ss 41, 42, Sch 2 ss 3,4

Cases cited: Harris v Secretary, Department of Employment and Workplace Relations [2007] FCA 404; (2007) 158 FCR 252 Re Fanning and Secretary, Department of Social Services [2014] AATA 447; (2014) 64 AAR 466 Secretary, Department of Employment and Workplace Relations v Harris [2007] FCAFC 130; (2007) 97 ALD 534 Shi v Migration Agents Registration Authority (2008) 235 CLR 286