Hutchinson v Secretary, Department of Social Services [2019] FCA 660

FEDERAL COURT OF AUSTRALIA

Hutchinson v Secretary, Department of Social Services [2019] FCA 660 File number: WAD 39 of 2019

Judge: COLVIN J

Date of judgment: 13 May 2019

Catchwords: ADMINISTRATIVE LAW - application for review of a decision of the Administrative Appeals Tribunal affirming previous decision of the Tribunal - where first Tribunal had affirmed decision of Secretary in relation to the start date for the applicant's disability support pension - where the applicant had provided medical evidence of a relapse of her condition - where the Tribunal had proceeded on the basis that there was no evidence - where Tribunal had taken unduly narrow view of cl 11(2) of the Social Security (Administration) Act 1999 (Cth) - application allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 18B, 37, 38AA, 43, 44, 148, 165, 165A, 166 Social Security (Administration) Act 1999 (Cth) Part 4A, ss 179, 180 item 3, 182, Schedule 2 cl 11(2)

Cases cited: von Reisner v Commonwealth of Australia (No 2) [2009] FCAFC 172

Date of hearing: 3 May 2019

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 33

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: Mr A Burgess

Solicitor for the Respondent: Sparke Helmore Lawyers

ORDERS WAD 39 of 2019

BETWEEN: KAREN HUTCHINSON Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES Respondent

JUDGE: COLVIN J DATE OF ORDER: 13 MAY 2019