Stafford, M.I. v Repatriation Commission [1995] FCA 44

CATCHWORDS VETERANS - Disability pension - appeal to Court from decisions of Administrative Appeals Tribunal in relation to preliminary issues - jurisdiction to hear appeal - whether Tribunal may review issues of entitlement decided by the Repatriation Commission when a review of those issues was not undertaken by the Veterans' Review Board - nature of the "decision" sought to be reviewed by the Board discussed - whether veteran had operational service

Veterans' Entitlements Act 1986 s 6(1)(a), s 139 (3), s 175(1) Administrative Appeals Tribunal Act 1975 s 25(1), s 25(4), s 33(1), s 43(1), s 44(1)

Director-General of Social Services v Chaney (1980) 31 ALR 571 Nation v Repatriation Commission (1993) 18 AAR 273 (Nation No 1) MAVIS IRENE STAFFORD v REPATRIATION COMMISSION No VG 478 of 1993 NORTHROP J MELBOURNE 13 FEBRUARY 1995

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VG 478 of 1993 GENERAL DIVISION

B E T W E E N : MAVIS IRENE STAFFORD Applicant A N D : REPATRIATION COMMISSION Respondent

COURT: NORTHROP J PLACE: MELBOURNE DATE: 13 FEBRUARY 1995

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The appeal be allowed in part. 2. That part of the decision of the Tribunal which decides that the Tribunal does not have jurisdiction to review the decision of the Repatriation Commission on issues of entitlements which were not sought to be reviewed by the Veterans Review board be set aside, otherwise the decision of the Tribunal be affirmed. 3. The review by the Tribunal of the whole of the decision of the Repatriation Commission dated 8 October 1990, being the decision that was affirmed by the Veterans' Review Board by its decision dated 8 August 1991, be remitted to the Tribunal for hearing and determination according to law.

Note: Settlement and entry of orders is dealt with in Order 35 of the Federal Court Rules