Defence Force Retirement & Death Benefit Authority v Britt, Douglas Harry [1984] FCA 350

Defence Force Retirement & Death Benefit Authority v Britt, Douglas Harry [1984] FCA 350

Section 37 of the Defence Force Retirement and Death Benefits Act 1973 (Cth) confers a discretion, not a duty, upon the Defence Force Retirement and Death Benefits Authority to treat a former contributing member as if retired on the ground of invalidity, provided the precondition of notification by the Chief of Staff is met; the Chiefs of Staff's role is confined to making the notification and does not extend to the exercise of the discretion.

Parties
Appellant: PF Res; Respondent: Douglas Harry Britt
Jurisdiction
Australia
Judgment Date
30 October 1984
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Permissive Vs Mandatory Statutory Construction, Retirement and Death Benefits, Construction of Discretion Under Statute
Administrative Law Superannuation Law Permissive Vs Mandatory Statutory Construction Retirement and Death Benefits Construction of Discretion Under Statute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

PF Res

Appellant

Douglas Harry Britt

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether 'may' in s.37 of the Defence Force Retirement and Death Benefits Act 1973 (Cth) is permissive or mandatory
  2. 2 Whether discretion under s.37 is vested in the Defence Force Retirement and Death Benefits Authority or the Chiefs of Staff

Ratio Decidendi

Section 37 of the Defence Force Retirement and Death Benefits Act 1973 (Cth) confers a discretion, not a duty, upon the Defence Force Retirement and Death Benefits Authority to treat a former contributing member as if retired on the ground of invalidity, provided the precondition of notification by the Chief of Staff is met; the Chiefs of Staff's role is confined to making the notification and does not extend to the exercise of the discretion.

Court Disposition

Appeal allowed

Orders

  • The decision of the Administrative Appeals Tribunal is set aside.
  • The matter is remitted to the Tribunal to be reheard.