MYBV v Secretary, Department of Social Services [2017] FCA 352

FEDERAL COURT OF AUSTRALIA

MYBV v Secretary, Department of Social Services [2017] FCA 352 Appeal from: MYBV v Secretary, Department of Social Services [2015] AATA 568

File number: VID 491 of 2015

Judge: TRACEY J

Date of judgment: 6 April 2017

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal ("Tribunal") concerning a claim for a disability support pension under the Social Security Act 1991 (Cth) – whether the Tribunal failed to accord the applicant procedural fairness – whether the Tribunal failed to adequately inform itself under s 33(1)(c) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether failure to take into account relevant considerations – whether failure to provide written reasons in accordance with s 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether the Tribunal misdirected itself in relation to the selection of the appropriate impairment table under the Social Security (Tables for the Assessment of Work-related Impairment for the Disability Support Pension) Determination 2011 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(a), 33(1)(c), 43(2), 43(2B), 44 Social Security (Administration) Act 1999 (Cth) Social Security Act 1991 (Cth) ss 26, 94(1)(a), 94(1)(b), 94(1)(c) Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth) ss 6(3), 6(4), Pt 3

Cases cited: Adamou v Director-General of Social Security (1985) 7 ALN N203; [1985] FCA 81 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Grant v Repatriation Commission (1999) 57 ALD 1; [1999] FCA 1629 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZSSJ (2016) 333 ALR 653; [2016] HCA 29 MYBV v Secretary, Department of Social Services [2015] AATA 568 R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Re Willey and Repatriation Commission (1989) 17 ALD 314 Civil Aviation Safety Authority v Central Aviation Pty Ltd (2009) 179 FCR 554; [2009] FCAFC 137 Repatriation Commission v Holden (2014) 142 ALD 267; [2014] FCA 605 Secretary, Department of Employment and Workplace Relations v Homewood (2006) 91 ALD 103; [2006] FCA 779 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Yao v Minister for Immigration and Border Protection (2014) 140 ALD 21; [2014] FCAFC 17