Federal Court of Australia
Federal Court of Australia
Tziavaras v Secretary, Department of Social Services [2023] FCA 1250 File number(s): VID 326 of 2022
Judgment of: KENNY J
Date of judgment: 20 October 2023
Catchwords: SOCIAL SECURITY – statutory appeal on a question of law from the Administrative Appeals Tribunal – disability support pension – application of s 96 of the Social Security Act 1991 (Cth) on review – whether Tribunal correct to hold that s 96(1) only applies where a person is receiving the disability support pension at the time they obtain paid work – held: decision of the Tribunal set aside
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43, 44 Social Security (Administration) Act 1999 (Cth) ss 80(1), 117, 118(13), 128, 142(1)(a), 179(1) Social Security Act 1991 (Cth) ss 23, 26, 27, 94, 96
Cases cited: Freeman v Secretary, Department of Social Security (1988) 19 FCR 342 Harris v Secretary, Department of Employment and Workplace Relations [2007] FCAFC 404; 158 FCR 252 Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 Khoury v Government Insurance Office (NSW) (1984) 165 CLR 622 Secretary, Department of Social Security v Cooper (1990) 26 FCR 13 ("Cooper") Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286 Taylor v The Owners – Strata Plan No 11564 [2014] HCA 9; 253 CLR 531 Victoria v Tatts Group Ltd [2014] VSCA 311
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