Freeman, T.V. v. Defence Force Retirement and Death Benefits Authority [1985] FCA 330

Freeman, T.V. v. Defence Force Retirement and Death Benefits Authority [1985] FCA 330

The Tribunal did not make an error of law. Its conclusion that the applicant's personality disorder did not significantly diminish his capacity to work as a security officer at the relevant date was a factual assessment open on the evidence, including his actual employment history. The applicant's criminal convictions were not part of his skills, qualifications or experience under s.34(1A)(a) and were not an independent statutory factor, although their concealment could bear on the weight to be given to his employment history. Because no legal error was shown, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
17 July 1985
Procedural Posture
Appeal on a Question of Law Pursuant to S.44 of the Administrative Appeals Tribunal Act, 1975 From a Decision of the Administrative Appeals Tribunal Concerning Reclassification of Incapacity Under the Defence Force Retirement and Death Benefits Act, 1973. / Federal Court Appeal; Appeal Dismissed.
Outcome
Appeal dismissed.
Legal Topics
['reclassification of Incapacity in Relation to Civil Employment' 'relevant Considerations Under S.34(1 A)' 'prescribed Physical or Mental Impairment' 'employment History and Capacity for Civil Employment' 'appeal on a Question of Law From the Administrative Appeals Tribunal']
['administrative Law' 'defence Force Retirement and Death Benefits'] ['reclassification of Incapacity in Relation to Civil Employment' 'relevant Considerations Under S.34(1 A)' 'prescribed Physical or Mental Impairment' 'employment History and Capacity for Civil Employment' 'appeal on a Question of Law From the Administrative Appeals Tribunal']

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Procedural Posture

Appeal on a Question of Law Pursuant to S.44 of the Administrative Appeals Tribunal Act, 1975 From a Decision of the Administrative Appeals Tribunal Concerning Reclassification of Incapacity Under the Defence Force Retirement and Death Benefits Act, 1973. / Federal Court Appeal; Appeal Dismissed.

Legal Issues

  1. 1 ["Whether the Tribunal made an error of law by not taking the applicant's personality disorder or psychological difficulties into account when assessing his capacity to undertake employment as a security officer." "Whether the Tribunal made an error of law by overlooking the applicant's criminal convictions and failure to disclose them when assessing his prospects of employment as a security officer." "Whether criminal convictions are part of a member's vocational, trade and professional skills, qualifications and experience for the purposes of s.34(1A)(a) of the Defence Force Retirement and Death Benefits Act, 1973."]

Ratio Decidendi

The Tribunal did not make an error of law. Its conclusion that the applicant's personality disorder did not significantly diminish his capacity to work as a security officer at the relevant date was a factual assessment open on the evidence, including his actual employment history. The applicant's criminal convictions were not part of his skills, qualifications or experience under s.34(1A)(a) and were not an independent statutory factor, although their concealment could bear on the weight to be given to his employment history. Because no legal error was shown, the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'Liberty is reserved to the respondent to make such application for costs as it may be advised.']