Delkou, Tom Petrou v Repatriation Commission [1984] FCA 318

3/8 Ar of VAR a CATCHWORDS

REPATRIATION - assessment of degree of disabilitv - whether

entitlement to 100% General Pension is a condition precedent to entitlement to a Special Pension - relevance of limitation on

employment occasioned by applicant's perception of symptoms.

Repatriation Act 1920 - 38.35, 100, 101. Schedule 1, Schedule 2

TOM PETROU DELKOU V THE REPATRIATION COMMISSION G.424 OF 1983

CORAM: WILCOX J DATE: 8 OCTOBER 1984

PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.424 of 1983

wewrw

GENERAL DIVISION

ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL

BETWEEN : TOM PETROU_ DELKOU

Applicant AND: THE REPATRIATION COMMISSION Respondent ORDERS CORAM: WILCOX J DATE: 8 OCTOBER 1984 PLACE: SYDNEY 1. Appeal allowed. 2. The decision of the Repatriation Review Tribunal of 10

August 1983 is set aside. The matter is remitted to the Tribunal to be determined in accordance with the Repatriation Act after taking such further evidence as the Tribunal deems appropriate. 3. The respondent is to pay the applicant's cost of the

appeal.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. G.424 of 1983

weer we

ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL

BETWEEN : TOM PETEROU DELKOU Applicant AND: THE REPATRIATION COMMISSION

Respondent

REASONS FOR JUDGMENT

CORAM: WILCOX J DATE: 8 OCTOBER 1984 PLACE: SYDNEY

The applicant, Tom Peterou Delkou. served in the Australian Army during the Second World War. He is therefore a "member of the forces", within the definition of that term contained in s.100 of the Repatriation Act 1920. [It follows that he is entitled, pursuant to s.101 of the Act, to receive pensions un accordance with Division 1 of Part III of the Act in respect of "incapacity" which "has arisen out of or is attributable to his war service". Section 35, which is in Division I of Part III, provides that the rates of pension payable under the