Repatriation Commission v Connell [2011] FCAFC 116

Repatriation Commission v Connell [2011] FCAFC 116

The Tribunal did not err in law. Section 23(1)(c) is not confined to cases where a veteran is prevented from performing all work in the same occupation. A veteran who formerly performed painting work without relevant restriction but, because of war-caused incapacity, can only perform that work intermittently or on a part-time or restricted basis is prevented from continuing to undertake remunerative work that the veteran was undertaking, because the later work is different in nature and quality and the veteran has been prevented from undertaking part of the remunerative activities previously undertaken.

Jurisdiction
Australia
Judgment Date
31 August 2011
Procedural Posture
Appeal From the Administrative Appeals Tribunal Pursuant to S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Full Court Hearing and Determination of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['intermediate Rate Disability Pension' "construction of S 23(1)(c) of the Veterans' Entitlements Act 1986 (cth)" 'appeal on Question of Law From Administrative Appeals Tribunal']
["veterans' Entitlements" 'administrative Law'] ['intermediate Rate Disability Pension' "construction of S 23(1)(c) of the Veterans' Entitlements Act 1986 (cth)" 'appeal on Question of Law From Administrative Appeals Tribunal']

Case Brief

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Procedural Posture

Appeal From the Administrative Appeals Tribunal Pursuant to S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Full Court Hearing and Determination of Appeal

Legal Issues

  1. 1 ["Whether the Tribunal erred in construing s 23(1)(c) of the Veterans' Entitlements Act 1986 (Cth)." 'Whether a veteran who continues in the same occupation, but only on a restricted, part-time or intermittent basis because of war-caused incapacity, is prevented from continuing to undertake remunerative work that the veteran was undertaking.']

Ratio Decidendi

The Tribunal did not err in law. Section 23(1)(c) is not confined to cases where a veteran is prevented from performing all work in the same occupation. A veteran who formerly performed painting work without relevant restriction but, because of war-caused incapacity, can only perform that work intermittently or on a part-time or restricted basis is prevented from continuing to undertake remunerative work that the veteran was undertaking, because the later work is different in nature and quality and the veteran has been prevented from undertaking part of the remunerative activities previously undertaken.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) is dismissed.' "The applicant pay the respondent's costs to be taxed in default of agreement."]