Ralph v Repatriation Commission [2016] FCAFC 89

FEDERAL COURT OF AUSTRALIA

Ralph v Repatriation Commission [2016] FCAFC 89 Appeal from: Ralph v Repatriation Commission [2015] FCA 165

File number: VID 148 of 2015

Judges: COLLIER, LOGAN AND MCKERRACHER JJ

Date of judgment: 22 June 2016

Catchwords: DEFENCE AND WAR – Veterans' entitlements – application for special rate of pension under Veterans' Entitlements Act 1986 (Cth) – whether application lodged prior to applicant turning 65 – delivery and receipt – by s 5T(2) lodgment taken to occur on receipt – application, if any, of s 29 of the Acts Interpretation Act 1901 (Cth) and s 160 of the Evidence Act 1995 (Cth) – whether application lodged at approved place under s 5T(2) – no legal error – appeal dismissed DEFENCE AND WAR – Veterans' entitlements – application for special rate of pension under s 24(2A) of the Veterans' Entitlements Act 1986 (Cth) – whether applicant was engaged in "remunerative work" – whether primary judge misconstrued "working … for a continuous period of at least 10 years" – Veterans' Entitlements Act 1986 (Cth) ss 24(2A)(d), 24(2A)(g) – no legal error – appeal dismissed COSTS – whether to exercise discretion that costs follow the event – whether issue was of wider public interest – anomaly in drafting of s 24(2A)(g) of the Veterans' Entitlements Act 1986 (Cth) – anomaly warrants departure from usual order – no order as to costs EVIDENCE – Proof - facilitating proof - matters relating to post and communications – inapplicability of s 29 of the Acts Interpretation Act 1901 (Cth) and s 160 of the Evidence Act 1995 (Cth) – requirement for receipt of claims and applications for disability pension under the Veterans' Entitlements Act 1986 (Cth) – sufficiency of departmental date stamp as proof of receipt for administrative purposes. Legislation: Acts Interpretation Act 1901 (Cth) ss 2(2), 28A, 29 Acts Interpretation Act 1954 (Qld) s 39(1) Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 33(1)(c), 43 Defence (Personnel) Regulations 2002 (Cth) Evidence Act 1995 (Cth) s 160 Interpretation Act 1984 (WA) ss 75, 76 Veterans' Entitlements Act 1986 (Cth) ss 14, 15, 24(2A), 5T, 19, 180(i)(d)