Donnelly, W. v Repatriation Commission [1987] FCA 224

Donnelly, W. v Repatriation Commission [1987] FCA 224

By majority, the Tribunal was entitled to take Table 10 of the Guide into account as relevant assistance in assessing the applicant's incapacity, and its use of the Guide did not deny natural justice because the Guide was a central feature of the new legislative scheme, its possible relevance was known, and the applicant's advisers had made submissions about it. The Tribunal also correctly construed s. 7 of the transitional legislation as affecting only the applicable pension rates before 22 May 1986, not as reviving the Repatriation Act for the substantive determination of the claim. The Tribunal's finding that the applicant retained capacity for car valuation work was open on the...

Jurisdiction
Australia
Judgment Date
13 May 1987
Procedural Posture
Appeal on a Question of Law Under S.44 of the Administrative Appeals Tribunal Act 1975 From the Administrative Appeals Tribunal in the Veterans' Appeals Division / Federal Court Appeal From a Decision Affirming the Veterans' Review Board's Affirmation of the Repatriation Commission's Decision
Outcome
Appeal dismissed with costs.
Legal Topics
["veterans' Pension Assessment" 'transitional Provisions' "guide to the Assessment of Rates of Veterans' Pensions 1986" 'administrative Appeals Tribunal Procedure' 'war Caused Incapacity']
['administrative Law' "veterans' Entitlements" 'statutory Interpretation' 'natural Justice'] ["veterans' Pension Assessment" 'transitional Provisions' "guide to the Assessment of Rates of Veterans' Pensions 1986" 'administrative Appeals Tribunal Procedure' 'war Caused Incapacity']

Case Brief

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Procedural Posture

Appeal on a Question of Law Under S.44 of the Administrative Appeals Tribunal Act 1975 From the Administrative Appeals Tribunal in the Veterans' Appeals Division / Federal Court Appeal From a Decision Affirming the Veterans' Review Board's Affirmation of the Repatriation Commission's Decision

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal was entitled to take into account the Guide to the Assessment of Rates of Veterans' Pensions 1986, particularly Table 10, when reviewing the applicant's pension rate." "Whether the Tribunal's use of the Guide involved a denial of natural justice or procedural fairness." "Whether s. 7 of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 reinstated the Repatriation Act as the legislation governing the substantive determination of the applicant's pension rights." "Whether the Tribunal's conclusion that the applicant retained capacity to undertake work as a car valuer was open on the evidence."]

Ratio Decidendi

By majority, the Tribunal was entitled to take Table 10 of the Guide into account as relevant assistance in assessing the applicant's incapacity, and its use of the Guide did not deny natural justice because the Guide was a central feature of the new legislative scheme, its possible relevance was known, and the applicant's advisers had made submissions about it. The Tribunal also correctly construed s. 7 of the transitional legislation as affecting only the applicable pension rates before 22 May 1986, not as reviving the Repatriation Act for the substantive determination of the claim. The Tribunal's finding that the applicant retained capacity for car valuation work was open on the...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of this appeal."]