Marsh, T.J. v The Repatriation Commission [1986] FCA 300

Marsh, T.J. v The Repatriation Commission [1986] FCA 300

At the time of the original decision, there was no provision for review of a decision to grant or not to grant a service pension; the Administrative Appeals Tribunal lacked jurisdiction as the relevant legislative amendments for review came into force after the decision was made.

Parties
Applicant: Thomas Joseph Marsh; Respondent: The Repatriation Commission
Jurisdiction
Australia
Judgment Date
20 June 1986
Procedural Posture
Appeal / Judgment
Outcome
Declaration granted; appeal dismissed.
Legal Topics
Repatriation Act Review, Service Pension Eligibility, Jurisdiction of Administrative Appeals Tribunal
Administrative Law Repatriation Act Review Service Pension Eligibility Jurisdiction of Administrative Appeals Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Joseph Marsh

Applicant

The Repatriation Commission

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal had jurisdiction to review the delegate's decision concerning the service pension.
  2. 2 Whether the original decision was reviewable under the amending legislation.

Ratio Decidendi

At the time of the original decision, there was no provision for review of a decision to grant or not to grant a service pension; the Administrative Appeals Tribunal lacked jurisdiction as the relevant legislative amendments for review came into force after the decision was made.

Court Disposition

Declaration granted; appeal dismissed.

Orders

  • Declaration that the Administrative Appeals Tribunal had no power to review the decision purportedly made by Mr. Milligan as delegate of the Commission.