Repatriation Commission v Hill [2005] FCAFC 7

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Hill [2005] FCAFC 7 VETERANS' AFFAIRS – invalidity service pension – application for pension rejected by delegate of Repatriation Commission – appeal to Administrative Appeals Tribunal – Tribunal found veteran suffered from several permanent psychiatric illnesses – however, Tribunal found there was "very little wrong" with veteran – Tribunal not satisfied veteran permanently unable to do work for periods adding up to more than eight hours per week – Tribunal affirmed decision of delegate – appeal to single Judge of Federal Court allowed – appeal to Full Court – whether veteran "permanently incapacitated for work" – whether primary judge erred by construing relevant provisions of Veterans' Entitlements Act 1986 (Cth) and Veterans' Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 1999 by reference to principles underlying workers' compensation legislation

WORDS AND PHRASES – "work" – "do work" – "permanently incapacitated for work" – "permanently unable to do work"

Veterans' Entitlements Act 1986 (Cth) ss 5Q, 6, 7A, 24(1)(b), 37, 37AA, 119(1)(g), 120(1) and (3) Veterans' Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 1999 (Cth) cl 5(1) and (2) Acts Interpretation Act 1901 (Cth) s 46A

Hill v Repatriation Commission (2004) 207 ALR 470 referred to Cardiff Corporation v Hall [1911] 1 KB 1009 referred to Foster v Wharncliffe Woodmore Colliery Co Ltd [1922] 2 KB 701 referred to Wicks v Union Steamship Co of New Zealand Ltd (1933) 50 CLR 328 referred to REPATRIATION COMMISSION v COLIN HILL NTD16 OF 2004 WILCOX, FRENCH & WEINBERG JJ 16 FEBRUARY 2005 MELBOURNE (HEARD IN DARWIN)

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY NTD16 OF 2004