Repatriation Commission v David Moss [1982] FCA 54

Repatriation Commission v David Moss [1982] FCA 54

The disadvantages suffered by Mr. Moss, arising from lost opportunities due to past tuberculosis, do not amount to a present 'incapacity' within the meaning of the Repatriation Act. 'Incapacity' requires the existence of a current physical or mental disability or impairment. As Mr. Moss no longer had an appreciable current condition related to tuberculosis, he was not entitled to a pension in respect of that condition beyond the existing minimum rate.

Parties
Applicant: Repatriation Commission; Respondent: David Moss
Jurisdiction
Australia
Judgment Date
22 April 1982
Procedural Posture
Appeal / Judgment on Appeal From the Administrative Appeals Tribunal
Outcome
Appeal allowed
Legal Topics
Repatriation Act Interpretation, Incapacity for Pension Purposes, Meaning of Incapacity Under Pensions Legislation
Administrative Law Pensions Law Repatriation Act Interpretation Incapacity for Pension Purposes Meaning of Incapacity Under Pensions Legislation

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Parties

Repatriation Commission

Applicant

David Moss

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether the respondent had an existing partial incapacity caused by pulmonary tuberculosis at the date of review by the Repatriation Commission.
  2. 2 Whether 'incapacity' under the Repatriation Act refers to physical or mental disability or impairment rather than inability to work or earn.

Ratio Decidendi

The disadvantages suffered by Mr. Moss, arising from lost opportunities due to past tuberculosis, do not amount to a present 'incapacity' within the meaning of the Repatriation Act. 'Incapacity' requires the existence of a current physical or mental disability or impairment. As Mr. Moss no longer had an appreciable current condition related to tuberculosis, he was not entitled to a pension in respect of that condition beyond the existing minimum rate.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The decision of the Administrative Appeals Tribunal be set aside and in lieu thereof, the decision of the Repatriation Commission be restored.