Ogston v Repatriation Commission [1999] FCA 342

Ogston v Repatriation Commission [1999] FCA 342

Section 120A disclosed an unambiguous legislative intention that it apply to relevant claims made on or after 1 June 1994, including where no relevant Statement of Principles existed when the claim was made but one existed by the time of determination. The applicant did not acquire a right to have her claim determined according to the law or procedure existing when she lodged it. The sub-hypotheses ground was foreclosed by McKenna v Repatriation Commission [1999] FCA 323. The appeal therefore failed.

Jurisdiction
Australia
Judgment Date
01 April 1999
Procedural Posture
Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Veterans' Appeals Division of the Administrative Appeals Tribunal Concerning a Pension Claim Under Part II of the Veterans' Entitlements Act 1986 (cth). / Full Court Appeal From the Tribunal Constituted by Mathews J; Appeal Dismissed.
Outcome
Appeal dismissed.
Legal Topics
["veterans' Entitlements Act 1986 (cth)" 'statements of Principles' 'reasonable Hypothesis Standard of Proof' 'war Caused Injury, Disease or Death' 'operation of S 120 A' 'administrative Appeals Tribunal Appeal']
["veterans' Affairs" 'administrative Law' 'statutory Interpretation'] ["veterans' Entitlements Act 1986 (cth)" 'statements of Principles' 'reasonable Hypothesis Standard of Proof' 'war Caused Injury, Disease or Death' 'operation of S 120 A' 'administrative Appeals Tribunal Appeal']

Case Brief

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Procedural Posture

Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Veterans' Appeals Division of the Administrative Appeals Tribunal Concerning a Pension Claim Under Part II of the Veterans' Entitlements Act 1986 (cth). / Full Court Appeal From the Tribunal Constituted by Mathews J; Appeal Dismissed.

Legal Issues

  1. 1 ["Whether a claim for a pension under Part II of the Veterans' Entitlements Act 1986 (Cth), made on or after 1 June 1994, is to be determined by reference to Statements of Principles in force at the time of the decision on the claim where no relevant Statement of Principles existed when the claim was made but one existed when the claim was determined." "Whether, where a hypothesis connecting a veteran's injury, disease or death with service is comprised of two or more sub-hypotheses, each sub-hypothesis must be upheld by a Statement of Principles or a determination of the Commission under s 180A(2) of the Veterans' Entitlements Act 1986 (Cth)."]

Ratio Decidendi

Section 120A disclosed an unambiguous legislative intention that it apply to relevant claims made on or after 1 June 1994, including where no relevant Statement of Principles existed when the claim was made but one existed by the time of determination. The applicant did not acquire a right to have her claim determined according to the law or procedure existing when she lodged it. The sub-hypotheses ground was foreclosed by McKenna v Repatriation Commission [1999] FCA 323. The appeal therefore failed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']