Kumar v Secretary, Department of Social Services [2021] FCA 1662

Federal Court of Australia

Kumar v Secretary, Department of Social Services [2021] FCA 1662 Appeal from: Kumar and Secretary, Department of Social Services (Social Services Second Review) [2021] AATA 1823

File numbers: NSD 686 of 2021 NSD 795 of 2021

Judgment of: LOGAN J

Date of judgment: 22 October 2021

Catchwords: ADMINISTRATIVE LAW – application for statutory appeal and judicial review of Administrative Appeal Tribunal's decision to affirm decision rejecting the applicant's claim for the Disability Support Pension – where applicant did not meet requirements of s 94 of the Social Security Act 1991 (Cth) – whether requirements of s 94(1) were cumulative – held: requirements are cumulative – whether concessions made by the Secretary in previous Tribunal proceedings as to the requirements relevant – where Tribunal is part of an administrative decision-making continuum – where previous proceedings were focused on different periods – whether Tribunal's decision inconsistent with decisions of the New South Wales Compensation Court and Workers Compensation Commission – where those proceedings concerned a different statute – application dismissed PRACTICE AND PROCEDURE – consideration of vexatious proceedings pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where proceedings concerned a different claim and relevant period than prior proceedings – held: s 37AO not applicable

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Constitution (Cth) s 118 Federal Court of Australia Act 1976 (Cth) s 37AO Seafarers Rehabilitation and Compensation Act 1992 (Cth) Social Security Act 1991 (Cth) s 94 Social Security Administration Act 1999 (Cth) ss 3, 4, 37, 41, 42 Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)