Brew v Repatriation Commission [1999] FCA 494

Brew v Repatriation Commission [1999] FCA 494

The Administrative Appeals Tribunal did not make any reviewable error. Because the Tribunal was not satisfied on the balance of probabilities that the applicant had an inability to obtain appropriate clinical management for her varicose veins, s 120B(3)(b) was not satisfied and it was unnecessary to consider s 120B(3)(a), clause 3 of the Statement of Principles, or ss 9(1)(b) and 9(1)(e). Section 119(1)(h) did not require the Tribunal to treat the absence of modern diagnostic techniques in 1944 as a relevant difficulty. The application was dismissed.

Jurisdiction
Australia
Judgment Date
23 April 1999
Procedural Posture
Appeal to the Federal Court Under S 44(1) of the Administrative Appeals Tribunal Act 1975 From an Administrative Appeals Tribunal Decision Affirming a Veterans' Review Board Decision / Final Determination of the Application
Outcome
Application dismissed.
Legal Topics
['war Caused Disease' 'varicose Veins' 'statement of Principles' 'reasonable Satisfaction' 'inability to Obtain Appropriate Clinical Management']
["veterans' Entitlements" 'administrative Law'] ['war Caused Disease' 'varicose Veins' 'statement of Principles' 'reasonable Satisfaction' 'inability to Obtain Appropriate Clinical Management']

Case Brief

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Procedural Posture

Appeal to the Federal Court Under S 44(1) of the Administrative Appeals Tribunal Act 1975 From an Administrative Appeals Tribunal Decision Affirming a Veterans' Review Board Decision / Final Determination of the Application

Legal Issues

  1. 1 ["Whether the Tribunal erred by not considering s 120B(3)(a) of the Veterans' Entitlements Act 1986 after finding that s 120B(3)(b) was not met." "Whether s 119(1)(h) of the Veterans' Entitlements Act 1986 required the Tribunal to treat the absence in 1944 of current diagnostic equipment and techniques for varicose veins as a difficulty in ascertaining facts." 'Whether the Statement of Principles factor of "inability to obtain appropriate clinical management for varicose veins" included workplace discouragement, personal choice not to seek treatment, lack of knowledge of varicose veins, or absence of later ultrasound technology.' "Whether the Tribunal was required to consider clause 3 of the Statement of Principles and ss 9(1)(b) and 9(1)(e) of the Veterans' Entitlements Act 1986 after finding factor 1(e) was not satisfied."]

Ratio Decidendi

The Administrative Appeals Tribunal did not make any reviewable error. Because the Tribunal was not satisfied on the balance of probabilities that the applicant had an inability to obtain appropriate clinical management for her varicose veins, s 120B(3)(b) was not satisfied and it was unnecessary to consider s 120B(3)(a), clause 3 of the Statement of Principles, or ss 9(1)(b) and 9(1)(e). Section 119(1)(h) did not require the Tribunal to treat the absence of modern diagnostic techniques in 1944 as a relevant difficulty. The application was dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]