Federal Court of Australia
= | { CATCHWORDS
VETERANS' ENTITLEMENTS ACT 1986 - transitional provisions - extent and
effect of s. 7 Veterans' Entitlements (Transitional Provisions and
Consequential Amendments) Act 1986 - use by Administrative Appeals
Tribunal of "Guide to the Assessment of Rates of Veterans' Pensions
1986" - whether denial of natural justice in so doing.
Administrative Appeals Tribunal Act 1975: ss. 33, 43. Repatriation Act: s. 107VC,, 107VZW.
Social Security and Veterans' Affairs (Miscellaneous Amendments)
Act 1986: ss. 2, 99. Veterans' Entitlements Act 1986: ss. 29, 175.
Veterans' Entitlements (Transitional Provisions and Consequential
Amendments) Act 1986: ss. 7, 19, 27.
Veterans' Entitlements (Transitional Provisions and Consequential
Amendments) Amendment Act 1986: s. 5.
WILLIAM DONNELLY v. REPATRIATION COMMISSION
G 484 of 1986
CORAM: LOCKHART, BURCHETT and JACKSON JJ.
13 MAY 1987
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
E b= o
JUDGES MAKING ORDER: DATE OF ORDER: WHERE ORDER MADE:
THE COURT ORDERS THAT:
No. G.484 of 1986
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL IN THE VETERANS' APPEALS DIVISION
WILLIAM DONNELLY
Applicant
REPATRIATION COMMISSION
Respondent
LOCKHART, BURCHETT AND JACKSON JJ.
13 MAY 1987 SYDNEY
MINUTES OF ORDER
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of this appeal. NOTE: Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.484 of 1986
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL IN THE VETERANS' APPEALS DIVISION
BETWEEN : WILLIAM DONNELLY Applicant AND: REPATRIATION COMMISSION
Respondent
CORAM: Lockhart, Burchett and Jackson JJ.
REASONS FOR JUDGMENT LOCKHART J.
I have had the benefit of reading the reasons for judgment of Burchett J. and Jackson J.. I agree with them, for the reasons which they have given, that the Administrative Appeals Tribunal ("the Tribunal") was entitled to take into account the document which is the "Guide to the Assessment of Rates of Veterans' Pensions". I agree with Burchett J. also, for the reasons which he has given, that the Tribunal's use of the Guide in the circumstances of this case did not involve a denial of natural justice. I am also in agreement with Burchett J. that the Tribunal did not misunderstand the effect of s. 7
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