Delkou, Tom Petrou v Repatriation Commission [1984] FCA 318

Delkou, Tom Petrou v Repatriation Commission [1984] FCA 318

The Tribunal erred in law by treating entitlement to a 100% General Pension as a prerequisite for eligibility for a Special Pension under Schedule 2, which defines its own criteria. The only relevant question is whether the applicant meets the test set out in Schedule 2.

Parties
Applicant: Tom Petrou Delkou; Respondent: The Repatriation Commission
Jurisdiction
Australia
Judgment Date
08 October 1984
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Assessment of Degree of Disability, Entitlement to Special Pension, Entitlement to General Pension, Limitation on Employment Due to Perception of Symptoms
Repatriation Law Assessment of Degree of Disability Entitlement to Special Pension Entitlement to General Pension Limitation on Employment Due to Perception of Symptoms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Tom Petrou Delkou

Applicant

The Repatriation Commission

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether entitlement to 100% General Pension is a condition precedent to entitlement to a Special Pension under Schedule 2
  2. 2 Whether the effects of the applicant's mental disability on his ability to work should be considered in assessing his pension rate under the General Rate provided in Schedule 1

Ratio Decidendi

The Tribunal erred in law by treating entitlement to a 100% General Pension as a prerequisite for eligibility for a Special Pension under Schedule 2, which defines its own criteria. The only relevant question is whether the applicant meets the test set out in Schedule 2.

Court Disposition

Appeal allowed

Orders

  • The decision of the Repatriation Review Tribunal of 10 August 1983 is set aside.
  • The matter is remitted to the Tribunal to be determined in accordance with the Repatriation Act after taking such further evidence as the Tribunal deems appropriate.