Repatriation Commission v Applebee [2000] FCA 1246

Repatriation Commission v Applebee [2000] FCA 1246

The AAT erred in law by finding glaucoma to be a sequela of Mr Applebee's war-caused cerebrovascular disease without a proper determination under the Veterans' Entitlement Act and the Statement of Principles. As there was no inconsistency in the Guide permitting the AAT to disregard its general instructions, glaucoma must first be separately determined to be a war-caused disease before it could be taken into account.

Parties
Applicant: Repatriation Commission; Respondent: Albert George Applebee
Jurisdiction
Australia
Judgment Date
06 September 2000
Procedural Posture
Appeal / Appeal From a Decision of the Administrative Appeals Tribunal
Outcome
appeal allowed
Legal Topics
Disability Pension, Assessment of Rate of Pension, War Caused Injury or Disease, Application of Guide to Assessment of Rates of Veterans' Pensions, Inconsistency in Statutory Guides
Veterans' Entitlements Disability Pension Assessment of Rate of Pension War Caused Injury or Disease Application of Guide to Assessment of Rates of Veterans' Pensions Inconsistency in Statutory Guides

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Parties

Repatriation Commission

Applicant

Albert George Applebee

Respondent

Procedural Posture

Appeal / Appeal From a Decision of the Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether glaucoma is a sequela of veteran's accepted war-caused cerebrovascular disease
  2. 2 Whether the Guide to Assessment of Rates of Veterans' Pensions was correctly applied
  3. 3 Whether there is inconsistency between general instructions and specific chapters in the Guide

Ratio Decidendi

The AAT erred in law by finding glaucoma to be a sequela of Mr Applebee's war-caused cerebrovascular disease without a proper determination under the Veterans' Entitlement Act and the Statement of Principles. As there was no inconsistency in the Guide permitting the AAT to disregard its general instructions, glaucoma must first be separately determined to be a war-caused disease before it could be taken into account.

Court Disposition

appeal allowed

Orders

  • The appeal be allowed.
  • The Administrative Appeals Tribunal's decision made on 29 June 1998 that 'the condition of bilateral open angle glaucoma is a sequela of Mr Applebee's accepted war-caused cerebrovascular disease' be set aside.