Repatriation Commission v Haskard [2002] FCA 1493

Repatriation Commission v Haskard [2002] FCA 1493

On its proper construction, s 24(2A)(d) of the Veterans' Entitlements Act 1986 (Cth) requires that the veteran be prevented from continuing to undertake the remunerative work (last paid work) formerly undertaken. If the veteran continues to perform such work, even if its quantity is significantly reduced, he is not prevented from undertaking his last paid work within the provision's meaning. Therefore, the respondent, who continued to carry out property valuations, did not satisfy the requirements for special rate pension under s 24(2A).

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['disability Pension' 'special Rate Pension' 'remunerative Work' "interpretation of S 24(2 A)(d) Veterans' Entitlements Act"]
['veterans Affairs' 'statutory Interpretation'] ['disability Pension' 'special Rate Pension' 'remunerative Work' "interpretation of S 24(2 A)(d) Veterans' Entitlements Act"]

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the respondent was 'prevented from continuing to undertake the remunerative work (last paid work)' for the purposes of s 24(2A)(d) of the Veterans' Entitlements Act 1986 (Cth)" 'Proper construction and application of s 24(2A)(d) in context of facts']

Ratio Decidendi

On its proper construction, s 24(2A)(d) of the Veterans' Entitlements Act 1986 (Cth) requires that the veteran be prevented from continuing to undertake the remunerative work (last paid work) formerly undertaken. If the veteran continues to perform such work, even if its quantity is significantly reduced, he is not prevented from undertaking his last paid work within the provision's meaning. Therefore, the respondent, who continued to carry out property valuations, did not satisfy the requirements for special rate pension under s 24(2A).

Court Disposition

Appeal allowed

Orders

  • ['the appeal be allowed.' 'the decision of the Tribunal be set aside.' "it be declared that the provisions of s 24(2A) of the Veterans' Entitlements Act 1986 (Cth) did not apply to the Respondent." 'the matter be remitted to the Tribunal to be dealt with in accordance with law.' 'leave is granted to the parties to...