Vietnam Veterans' Association (NSW Branch) v Specialist Medical Review Council [2002] FCAFC 439

FEDERAL COURT OF AUSTRALIA

Vietnam Veterans' Association (NSW Branch) v Specialist Medical Review Council [2002] FCAFC 439 VETERANS' ENTITLEMENTS – revocation of Statement of Principles – whether jurisdiction to review survives revocation – sound medical-scientific evidence – test for determining inclusion in a Statement of Principles

Veterans' Entitlement Act 1986 (Cth) Pts XIA, XIB, ss 5AB(2), 196B(2), (3), (6), 196Y

Repatriation Commission v Vietnam Veterans' Association of Australia NSW Branch Inc (2000) 48 NSWLR 548 Repatriation Commission v Bey (1997) 79 FCR 364 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 Vietnam Veterans' Association v Cohen (1996) 70 FCR 419 VIETNAM VETERANS' ASSOCIATION (NSW BRANCH) V SPECIALIST MEDICAL REVIEW COUNCIL AND REPATRIATION COMMISSION N 631 of 2002 SPECIALIST MEDICAL REVIEW COUNCIL V VIETNAM VETERANS' ASSOCIATION (NSW BRANCH) AND REPATRIATION COMMISSION N 631 of 2002 BRANSON, EMMETT & STONE JJ 20 DECEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 631 of 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: VIETNAM VETERANS' ASSOCIATION (NSW BRANCH)

APPELLANT

AND: SPECIALIST MEDICAL REVIEW COUNCIL

FIRST RESPONDENT

REPATRIATION COMMISSION

SECOND RESPONDENT

JUDGES: BRANSON, EMMETT & STONE JJ

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed; 2. The orders of Moore J dated 9 June 2002 be set aside and in lieu thereof it be ordered and declared that the declaration made by the Specialist Medical Review Council on 3 August 2001 in relation to Statement of Principles No 191 of 1996 is void; and 3. Each party is to file and serve written submissions on the appropriate order, if any, as to costs by no later than 14 February 2003.