Spargo v Repatriation Commission [2001] FCA 1763

Spargo v Repatriation Commission [2001] FCA 1763

Section 6C of the Veterans' Entitlements Act 1986 (Cth) requires that operational service is only rendered by a person who actually rendered service in an operational area. Allotment for duty and travel toward the operational area is insufficient if the servicemember does not enter the defined operational area. Therefore, the appellant was not entitled to a pension as he never entered the operational area.

Parties
Appellant: Raymond Franklin Spargo; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Appeal / Full Court on Appeal From a Single Judge Decision
Outcome
appeal dismissed
Legal Topics
Operational Service, Statutory Interpretation, Beneficial Construction, Deeming Provisions
Veterans' Entitlements Administrative Law Operational Service Statutory Interpretation Beneficial Construction Deeming Provisions

Case Brief

Summary, issues, holding and outcome

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Parties

Raymond Franklin Spargo

Appellant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Full Court on Appeal From a Single Judge Decision

Legal Issues

  1. 1 Whether the appellant rendered 'operational service' under s 6C of the Veterans' Entitlements Act 1986 (Cth) when injured en route to Korea but never entering the operational area
  2. 2 Proper construction and application of deeming provision in s 6C(3) of the Veterans' Entitlements Act 1986 (Cth)

Ratio Decidendi

Section 6C of the Veterans' Entitlements Act 1986 (Cth) requires that operational service is only rendered by a person who actually rendered service in an operational area. Allotment for duty and travel toward the operational area is insufficient if the servicemember does not enter the defined operational area. Therefore, the appellant was not entitled to a pension as he never entered the operational area.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of the appeal.