Secretary, Department of Social Services v Doherty [2022] FCA 1242

Federal Court of Australia

Secretary, Department of Social Services v Doherty [2022] FCA 1242 Appeal from: Doherty v Secretary, Department of Social Services [2020] AATA 3311 (31 August 2020)

File number(s): VID 643 of 2020

Judgment of: KENNY J

Date of judgment: 19 October 2022

Catchwords: SOCIAL SECURITY – statutory appeal on a question of law from the Administrative Appeals Tribunal – disability support pension – Table 3 of the Impairment Tables in the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth) ("Determination") – whether 'assistance' is limited to assistance from a person – effect of s 9 of the Determination – whether the Tribunal's alternative findings provide sufficient basis for its decision

Legislation: Acts Interpretation Act 1901 (Cth), s 46(1) Legislation Act 2003 (Cth), s 13(1) Social Security Act 1991 (Cth) Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth)

Cases cited: Arkell and Secretary Department of Social Services [2017] AATA 1987 Negri v Secretary, Department of Social Services [2016] FCA 879; 246 FCR 1 Nelson and Secretary Department of Social Services [2016] AATA 721 North Australian Aboriginal Justice Agency Ltd v Northern Territory [2015] HCA 41; 256 CLR 569 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v A2 [2019] HCA 35; 269 CLR 507 Registrar of Titles (WA) v Franzon [1975] HCA 41; 132 CLR 611 Repatriation Commission v Strickland (1990) 22 ALD 10 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252 Sesalim v Secretary, Department of Social Services [2018] FCA 1159 Summers and Secretary, Department of Social Services [2014] AATA 165 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362 Waterford v Commonwealth (1990) 163 CLR 54