Jackson, F.W. v. The Repatriation Commission [1994] FCA 1030

Jackson, F.W. v. The Repatriation Commission [1994] FCA 1030

Section 21(1A) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986, as amended, applied to Mr Jackson's case because the AAT's power to grant a pension was derived indirectly through transitional provisions rather than the principal Act alone. Therefore, the earliest possible backdating of entitlement was 1 August 1984, being three months before the appeal to the Commission, not 15 January 1983. Accordingly, there was no error of law and the appeal was dismissed.

Parties
Appellant: Frank William Jackson; Respondent: The Repatriation Commission
Jurisdiction
Australia
Judgment Date
23 December 1994
Procedural Posture
Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
Statutory Construction of Transitional Veterans' Entitlements Legislation, Determination of Commencement Date for Entitlement, Interaction of Repealed and Amending Statutes
Veterans' Affairs Statutory Interpretation Statutory Construction of Transitional Veterans' Entitlements Legislation Determination of Commencement Date for Entitlement Interaction of Repealed and Amending Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Frank William Jackson

Appellant

The Repatriation Commission

Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the commencement date for Mr Jackson's entitlement to pension should be 1 August 1984 or 15 January 1983 under the relevant transitional and veterans' entitlement legislation
  2. 2 Whether s 21(1) or s 21(1A) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 applies to the AAT's decision
  3. 3 Effect of amendments and repeals on rights to review and pension commencement

Ratio Decidendi

Section 21(1A) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986, as amended, applied to Mr Jackson's case because the AAT's power to grant a pension was derived indirectly through transitional provisions rather than the principal Act alone. Therefore, the earliest possible backdating of entitlement was 1 August 1984, being three months before the appeal to the Commission, not 15 January 1983. Accordingly, there was no error of law and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • There be no order as to costs.