Applicant 0108 of 2014 v Secretary, Department of Social Services [2016] FCA 421

FEDERAL COURT OF AUSTRALIA

Applicant 0108 of 2014 v Secretary, Department of Social Services [2016] FCA 421 File number: WAD 340 of 2015

Judge: BARKER J

Date of judgment: 22 April 2016

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – application for unlimited portability period for disability support pension under s 1218AAA of the Social Security Act 1991 (Cth) – whether Tribunal misconstrued s 1218AAA(1)(d) of the Social Security Act 1991 (Cth) – construction of "any work" – whether Tribunal erroneously considered itself bound by Departmental policy – whether Tribunal failed to accord natural justice or procedural fairness

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 33(1)(c), s 44 Social Security Act 1991 (Cth) s 94, s 94(1)(da), s 94(2)(a), s 94(4), s 94(5), s 1218AAA, s 1218AAA(1), s 1218AAA(1)(a), s 1218AAA(1)(b), s 1218AAA(1)(c), s 1218AAA(1)(d), s 1218AAA(3), s 1218AAA(5), s 1218AA, Ch 4 Pt 4.2 Div 2 Subdiv B Social Security and Other Legislation Amendment (Disability Support Pension Participation Reforms) Act 2012 (Cth) Sch 3

Cases cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; (1979) 46 FLR 409 Lee and Secretary, Department of Social Services [2016] AATA 60 Stojanovski v Secretary, Department of Social Services [2014] AATA 466

Date of hearing: 1 February 2016, 4 April 2016

Date of last submissions: 29 March 2016

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights