Federal Court of Australia
CATCHWORDS
Repatriation - Pension under Seamen's War Pensions and Allowances
Act, 1940, - "Australian mariner" serving as seaman employed ina ship registered outside Australia who was resident in Australia for at least twelve months immediately before entering into such employment - "war injury" causing incapacity - procedure on hearing of application for such pension at first instance before Pension Committee, and review by the Repatriation Commission and subsequently by the Repatriation Review Tribunal established - - under the Repatriation Act, 1920 - onus of proof on such applications - standard of proof on such applications - Tribunal applying incorrect onus and standard of proof - remittal to
Tribunal for further hearing and determination.
Seamen's War Pensions and Allowances Act, 1940, ss. 3, 12, 34,
36, 37
Repatriation Act, 1920, 107VC, 1lO7VH, 107VZZH, 107VZZK(2)
REPATRIATION COMMISSION v. RAYMON FREDERICK HARRIS No. G 179 of 1982
Evatt J.
27 July, 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G 179 of 1982 GENERAL DIVISION )
ON APPEAL from the Repatriation Review Tribunal under s. 37 of the Seamen's War Pensions and Allowances Act, 1940, and s. 107VZZH of the Repatriation Act, 1920
BETWEEN : THE REPATRIATION COMMISSION Applicant AND:
RAYMON FREDERICK HARRIS
Respondent ORDER
JUDGE MAKING ORDER : Evatt J. DATE OF ORDER : 27 July, 1984 WHERE MADE : Sydney THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The decision of the Repatriation Review
Tribunal given 24 August, 1982, be set aside. 3. The respondent's claim be remitted to the Tribunal for determination in accordance with
these reasons.
4. The Commonwealth pay the respondent's costs of the appeal in accordance with the provisions
of s.107VZZK(2) of the Repatriation Act, 1920.
IN THE FEDERAL COURT OF AUSTRALTA )
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