Kumar v Secretary, Department of Social Services [2017] FCA 158

FEDERAL COURT OF AUSTRALIA

Kumar v Secretary, Department of Social Services [2017] FCA 158 Appeal from: Kumar v Secretary, Department of Social Services [2016] FCCA 640

File number: QUD 241 of 2016

Judge: REEVES J

Date of judgment: 24 February 2017

Catchwords: ADMINISTRATIVE LAW – eligibility for disability support pension – appellant suffered multiple work-related injuries leading him to cease employment – appeal from a decision of the Federal Circuit Court of Australia on questions of law – construction of s 94 of the Social Security Act 1991 (Cth) – where certain appeal grounds were not raised before the Federal Circuit Court – whether the primary judge erred in the construction of "continuing inability to work" as defined in s 94(2) of the Act – whether the primary judge erred in the construction of "program of support" (s 94(5) of the Act) – whether the appellant was required to have "actively participated in a program of support" (s 94(2)(aa) of the Act) following changes to the legislation – whether the primary judge erred in failing to consider questions of law – whether the primary judge erred in the construction of ss 94(1)(c)(i) and 94(2)(aa) of the Act COSTS – whether appellant is liable for costs of unsuccessful appeal – whether the primary judge erred in ordering appellant to pay costs of unsuccessful application Held: appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Federal Court Rules 2011 (Cth) Social Security (Requirements and Guidelines - Active Participation for Disability Support Pension) Determination 2011 Social Security Act 1991 (Cth)