Repatriation Commission v Campbell, Nancy Mary [1984] FCA 67

CATCHWORDS

REPATRIATION - pension payable toa dependants - death of former member of the Forces from astrocytoma right cerebral hemisphere - aetiology of cerebral astrocytoma unknown - whether astrocytoma "connected with" war service - failure of Commission and Tribunal

to implement the statutory process - no proper investigation of

claim - error of law.

Repatriation Act, 1920 - ss. 47(2), 48, 101, 107Vg, 107VH, 1LO7VH(2)

REPATRIATION COMMISSION v. NANCY MARY CAMPRELI,

(QLD G2 OF 1984)

FITZGERALD J. BRISBANE 30 MARCH 1984

IN THE FEDERAL COURT OF AUSTRALIA }

QUEENSLAND DISTRICT REGISTRY ) QLD 2 of 1984 GENERAL DIVISION )

BETWEEN :

REPATRIATION COMMISSION

Applicant AND: NANCY MARY CAMPBELL Respondent ORDER JUDGE MAKING ORDER: FITZGERALD d.

DATE OF ORDER:

WHERE MADE:

30 MARCH 1984 BRISBANE

THE COURT ORDERS THAT:

1. 2.

The appeal be allowed.

The decision of the Repatriation Review Tribunal given on 12 December 1983 be set aside.

The matter be remitted to the Tribunal to be determined according to law after the hearing of appropriate further evidence.

The Repatriation Commission pay to the respondent her costs in connection with the appeal to be taxed if not agreed upon.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD 2 of 1984

GENERAL DIVISTON )

BETWEEN: REPATRIATION COMMISSION

Applicant AND: NANCY MARY CAMPBELL Respondent FITZGERALD J. 30 MARCH 1984

REASONS FOR JUDGMENT

The Repatriation Commission has appealed from a decision of the Repatriation Review Tribunal given on 12 December 1983. The Tribunal set aside a decision of a delegate of the Repatriation Commission made on 12 August 1983 and substituted for that decision a decision that the Commonwealth is liable, pursuant to $.101 of the Repatriation Act 1920 ("the Act"), to pay to the dependants of Lawrence Cyril Campbell the pension payable in accordance with Division 1 of Part III of the Act in