Repatriation Commission v Keeley [2000] FCA 532

Repatriation Commission v Keeley [2000] FCA 532

The right to have a claim for pension under the Veterans’ Entitlements Act 1986 (Cth) determined by reference to an existing Statement of Principles at the time of the original determination is a substantive right that, once accrued, cannot be impaired or affected by the subsequent revocation or replacement of that Statement of Principles without clear statutory intention. Section 50 Acts Interpretation Act 1901 (Cth) protects such accrued rights, and the Statements of Principles regime operates as a bar or threshold to the entitlement itself, not merely as a procedural or evidentiary matter. The review of Mrs Keeley’s claim must be conducted by reference to the original, more favourable...

Jurisdiction
Australia
Judgment Date
28 April 2000
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
['accrued Rights' 'operation of Revoked and Replaced Statutory Instruments' 'application of Statements of Principles' 'retrospectivity' 'statutory Compensation']
['administrative Law' 'statutory Interpretation' 'veterans’ Entitlements'] ['accrued Rights' 'operation of Revoked and Replaced Statutory Instruments' 'application of Statements of Principles' 'retrospectivity' 'statutory Compensation']

Case Brief

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Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether revocation and replacement of a Statement of Principles under the Veterans’ Entitlements Act 1986 (Cth) affects an accrued right to have a claim for pension reviewed by reference to the original Statement of Principles.' 'Whether a Statement of Principles is procedural/evidentiary or alters substantive rights for purposes of s 50 Acts Interpretation Act 1901 (Cth).']

Ratio Decidendi

The right to have a claim for pension under the Veterans’ Entitlements Act 1986 (Cth) determined by reference to an existing Statement of Principles at the time of the original determination is a substantive right that, once accrued, cannot be impaired or affected by the subsequent revocation or replacement of that Statement of Principles without clear statutory intention. Section 50 Acts Interpretation Act 1901 (Cth) protects such accrued rights, and the Statements of Principles regime operates as a bar or threshold to the entitlement itself, not merely as a procedural or evidentiary matter. The review of Mrs Keeley’s claim must be conducted by reference to the original, more favourable...

Court Disposition

Appeal dismissed

Orders

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