Federal Court of Australia
b 41 CATCHWORDS
Administrative Law - appeal from Administrative Appeals Tribunal -
Compensation (Commonwealth Government Employees) Act 1971 -
distinction between Tribunal's decision and its reasons for decision - whether on the evidence Tribunal could find total incapacity - Tribunal"s duty to decide without presumption as to correctness of earlier finding by Department of Social Security as to incapacity - failure of
Tribunal to either make a decision in substitution or remit the
matter for reconsideration - refusal to grant costs certificate to
unsttecessful respondent under Federal Proceedings (costs) Act 1981.
Administrative Appeals Tribunal Act 1975 ss. 43, 44
Compensation (Commonwealth Government Employees) Act 1971 ss. 45,46,63
Federal Proceedings (costs) Act 1981 s. 6
COMMONWEALTH -v- RONALD HENRY TWYMAN
VG 88 of 1985
KEELY J 23 DECEMBER 1985
MELBOURNE
-
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISTON
23 DECEMBER, 1985
wwe
No. VG 88 of 1985
On Appeal from the Administrative Appeals Tribunal, General Administrative Division, constituted by Mrs R. Balmford, Senicr Member, Mrs H.E. Hallowes, Member, and Dr A.H. Marsh, Mémber
ETWEEN:
COMMONWEALTH OF AUSTRALIA
Applicant ND:
RONALD HENRY TWYMAN
Respondent
KEELY J.
REASONS FOR JUDGMENT
This is an appeal 'by the Commonwealth of Australia
from a decision of the Administrative Appeals Tribunal (the
Tribunal) given on 14 March 1985.
decision was as follows:
The relevant part of that
"Decision 1. The Tribunal affirms the determination contained in paragraph (a) of the decision" under ~ review, 2. The Tribunal sets aside the determination Contained in paragraph (b) of the decision under review.
" sane
The Tribunal stated in its reasons for decision that the determination under review before the Tribunal was undated; however, as the opening paragraph of the Tribunal''s reasons for decision referred to it as a determination "made on 26 May, 1983", it 1s convenient to identify it by that date in these reasons. The determination was made by a Delegate (the Delegate) of the Commissioner for Employees' Compensation under the Compensation (Commonwealth Government
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