Repatriation Commission v Codd [2007] FCA 877

Repatriation Commission v Codd [2007] FCA 877

The Tribunal made errors of law. It failed properly to construe ss 120, 120A(3) and 120A(4) of the Veterans' Entitlements Act 1986 (Cth), because the "kind of death" inquiry is one of medical causation and the relevant kind of death was not death by road accident but death from, or arising out of or attributable to, alcohol dependence or alcohol abuse. The Tribunal also erred by rejecting the McKenna principle and failing to consider whether the alcohol-related sub-hypothesis was upheld by a Statement of Principles. The appeal was therefore allowed, the Tribunal's decision set aside, and the matter remitted to a differently constituted Tribunal.

Jurisdiction
Australia
Judgment Date
15 June 2007
Procedural Posture
Appeal Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal / Federal Court Judgment on Appeal From the Administrative Appeals Tribunal
Outcome
Appeal allowed; Administrative Appeals Tribunal decision set aside; matter remitted to the Administrative Appeals Tribunal to be heard and determined according to law by a differently constituted Tribunal; no order as to costs.
Legal Topics
['war Caused Death' "war Widow's Pension" 'reasonable Hypothesis Connecting Death With Operational Service' 'statements of Principles' 'error of Law' "construction of Veterans' Entitlements Act 1986 (cth) Ss 120, 120 A"]
['social Security' "veterans' Entitlements" 'administrative Law'] ['war Caused Death' "war Widow's Pension" 'reasonable Hypothesis Connecting Death With Operational Service' 'statements of Principles' 'error of Law' "construction of Veterans' Entitlements Act 1986 (cth) Ss 120, 120 A"]

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Procedural Posture

Appeal Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal / Federal Court Judgment on Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal erred in construing the phrase "kind of death" in s 120A(4) of the Veterans\' Entitlements Act 1986 (Cth) as "death by road accident".' 'Whether the Tribunal erred by failing to apply the principle that each element or sub-hypothesis in a complex hypothesis must be upheld by a relevant Statement of Principles.' "Whether the material raised a reasonable hypothesis connecting the veteran's death with the circumstances of his operational service."]

Ratio Decidendi

The Tribunal made errors of law. It failed properly to construe ss 120, 120A(3) and 120A(4) of the Veterans' Entitlements Act 1986 (Cth), because the "kind of death" inquiry is one of medical causation and the relevant kind of death was not death by road accident but death from, or arising out of or attributable to, alcohol dependence or alcohol abuse. The Tribunal also erred by rejecting the McKenna principle and failing to consider whether the alcohol-related sub-hypothesis was upheld by a Statement of Principles. The appeal was therefore allowed, the Tribunal's decision set aside, and the matter remitted to a differently constituted Tribunal.

Court Disposition

Appeal allowed; Administrative Appeals Tribunal decision set aside; matter remitted to the Administrative Appeals Tribunal to be heard and determined according to law by a differently constituted Tribunal; no order as to costs.

Orders

  • ['The appeal is allowed.' 'The decision of the Administrative Appeals Tribunal made on 24 October 2006 is set aside.' 'The matter is remitted to the Administrative Appeals Tribunal to be heard and determined according to law by a differently constituted Tribunal.' 'There is no order as to costs.']