Jamieson, Trevor John v Repatriation Commission [1984] FCA 169

wi CATCHWORDS REPATRIATION - appeal from decision of Repatriation Review Tribunal = conduct of proceedings before the Tribunal -

change in composition of those sitting as Tribunal to decide

appellant's case - appellant a private in Royal Australian Infantry Corps - injured in motor collision - whether "travelling to ... his place of employment on... service" -

not travelling to "his place of employment" if he left it for

private purposes.

Repatriation Act 1920, ss. 107M,107VG,107VH,107VN,107VQ,107UR, 107VZZH, and sub-s. 107VZZK(3) Compensation (Commonwealth Government Employees) Act 1971, s.32

TREVOR JOHN JAMIESON v. THE REPATRIATION COMMISSION

(QLD G126 OF 1983)

FITZGERALD J. BRISBANE 19 JUNE 1984

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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD 126 of 1983

GENERAL DIVISION )

BETWEEN : TREVOR JOHN JAMIESON

Appellant AND: THE REPATRIATION COMMISSION Respondent ORDER JUDGE MAKING ORDER: FITZGERALD 7. DATE OF ORDER: 19 JUNE 1984 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The Appeal be dismissed

Bi

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD 126 of 1983 GENERAL DIVISION )

BETWEEN : TREVOR JOHN JAMIESON

Appellant AND: THE REPATRIATION COMMISSION Respondent FITZGERALD J. 19 JUNE 1984

REASONS FOR JUDGMENT

This is an appeal under 3.107VZZH of the Repatriation Act 1920, as amended, ("the Act"), from a decision of a

Repatriation Review Tribunal delivered on 30 November 1983.

The appellant, Trevor John Jamieson, was injured ina motor vehicle 'collision which occurred on 7 June 1975. At the time, the appellant was a Private in the Royal Australian Infantry Corps stationed at Woodside, about 40 kilometres from Adelaide in South Australia. The appellant resided in the army

camp at Woodside as he was required to do.

On Friday 6 June 1975, the appellant and a number of his fellow soldiers came off duty at about 4 p.m. They were then free to leave the camp and to come and go as they pleased until required to parade on the morning of Monday 9 June 1975. However, while at the camp, each of the soldiers were subject to all of the incidents of military service including the possibility of being required to perform duties. Further, at some time between ceasing duty on Friday afternoon and parade on