Bannister, M.B. v. See, J. & Anor [1982] FCA 109

Bannister, M.B. v. See, J. & Anor [1982] FCA 109

Because the Commission's refusal to alter its earlier decision after considering the matter under s.31 was not a fresh decision refusing a pension claim within s.107VC, there was no valid application for review under that provision and no power or duty under s.107VF for the Secretary to notify the Tribunal President or forward documents. Section 7(2) of the Administrative Decisions (Judicial Review) Act 1977 therefore could not found relief, and the Court could not order the respondents to do what was sought.

Jurisdiction
Australia
Judgment Date
26 May 1982
Procedural Posture
Application Under S.7(2) of the Administrative Decisions (judicial Review) Act 1977 Seeking Orders to Implement S.107 VF of the Repatriation Act 1920 / Reasons for Decision on Application
Outcome
Application dismissed.
Legal Topics
['repatriation Act 1920 Appellate Structure' 'meaning of Review Under S.31' 'operation of Ss.107 VC and 107 Vf' 'duty to Act Under S.7(2) of the Administrative Decisions (judicial Review) Act 1977']
['administrative Law' "veterans' Entitlements and Repatriation Benefits"] ['repatriation Act 1920 Appellate Structure' 'meaning of Review Under S.31' 'operation of Ss.107 VC and 107 Vf' 'duty to Act Under S.7(2) of the Administrative Decisions (judicial Review) Act 1977']

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Procedural Posture

Application Under S.7(2) of the Administrative Decisions (judicial Review) Act 1977 Seeking Orders to Implement S.107 VF of the Repatriation Act 1920 / Reasons for Decision on Application

Legal Issues

  1. 1 ["Whether the Repatriation Commission's decision after considering s.31 to leave unchanged earlier decisions refusing Mrs. Bannister's claim was a decision refusing a claim for a pension within s.107VC of the Repatriation Act 1920." 'Whether the Secretary was required by s.107VF to notify the President of the Repatriation Review Tribunal and forward the application and relevant material.' 'Whether s.7(2) of the Administrative Decisions (Judicial Review) Act 1977 could support orders compelling the respondents to act.']

Ratio Decidendi

Because the Commission's refusal to alter its earlier decision after considering the matter under s.31 was not a fresh decision refusing a pension claim within s.107VC, there was no valid application for review under that provision and no power or duty under s.107VF for the Secretary to notify the Tribunal President or forward documents. Section 7(2) of the Administrative Decisions (Judicial Review) Act 1977 therefore could not found relief, and the Court could not order the respondents to do what was sought.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']