Keeley v Repatriation Commission [1999] FCA 1103

Keeley v Repatriation Commission [1999] FCA 1103

The right to have a claim for a war-caused death pension determined by reference to the operative Statement of Principles at the time of the Commission's decision was preserved by the Acts Interpretation Act 1901 (Cth) s 50, and there was no contrary intention in the Veterans' Entitlements Act 1986 (Cth) or accompanying legislative materials to displace this protection; accordingly, the first SoP should have been applied by the AAT on review.

Parties
Applicant: Thelma Keeley; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
13 August 1999
Procedural Posture
Appeal / Judgment on Appeal From Administrative Appeals Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Operation of Repealed Delegated Legislation, Accrued Rights Under Repealed Statements of Principle, Application of Acts Interpretation Act S 50, Retrospective Effect and Rights Protection in Statutory Review
Administrative Law Veterans' Entitlements Operation of Repealed Delegated Legislation Accrued Rights Under Repealed Statements of Principle Application of Acts Interpretation Act S 50 Retrospective Effect and Rights Protection in Statutory Review

Case Brief

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Parties

Thelma Keeley

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 Whether a review by the Administrative Appeals Tribunal (AAT) should apply the Statement of Principles (SoP) in force at the time of the primary decision or the SoP in force at the time of review
  2. 2 Whether rights accrued under a repealed SoP are preserved by Acts Interpretation Act 1901 (Cth) s 50, absent contrary intention

Ratio Decidendi

The right to have a claim for a war-caused death pension determined by reference to the operative Statement of Principles at the time of the Commission's decision was preserved by the Acts Interpretation Act 1901 (Cth) s 50, and there was no contrary intention in the Veterans' Entitlements Act 1986 (Cth) or accompanying legislative materials to displace this protection; accordingly, the first SoP should have been applied by the AAT on review.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The decision under review be set aside.