Repatriation Commission v Sheehy, Michael Brian [1995] FCA 999

CATCHWORDS DEFENCE AND WAR - Veterans' entitlements - Disability pension - Eligibility for Special (Totally and Permanently Incapacitated) Rate - Whether the veteran was "prevented from continuing to undertake remunerative work which the veteran was undertaking" - Work for a short period, in a new field, undertaken after the age of 65 - the work must be of a kind that the veteran was able to perform during working life. ADMINISTRATIVE APPEALS TRIBUNAL - Error of law - Failure to give adequate reasons. Administrative Appeals Tribunal Act 1975 (Cth), ss 44, 43(2B) Veterans' Entitlements Act 1986 (Cth), s 24(1)(c), (2) Starcevich v Repatriation Commission (1987) 18 FCR 221 Banovich v Repatriation Commission (1986) 69 ALR 395 Birtles v Repatriation Commission (1991) 33 FCR 290 Telescourt v Commonwealth (1991) 29 FCR 227 McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609. REPATRIATION COMMISSION v MICHAEL BRIAN SHEEHY NG 352 of 1995 Sackville J. Sydney 7 December, 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 352 of 1995 GENERAL DIVISION ) ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: REPATRIATION COMMISSION Applicant AND: MICHAEL BRIAN SHEEHY Respondent Coram: Sackville J. Place: Sydney Date: 7 December, 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal, made on 21 April 1995, be set aside. 2. These proceedings be remitted to the Administrative Appeals Tribunal to be determined according to law. 3. The respondent pay the applicant's costs. 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. NG 352 of 1995 GENERAL DIVISION ) ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: REPATRIATION COMMISSION Applicant AND: MICHAEL BRIAN SHEEHY Respondent Coram: Sackville J. Place: Sydney Date: 7 December, 1995 REASONS FOR JUDGMENT The Proceedings This is an appeal by the Repatriation Commission ("the Commission"), pursuant to s.44(1) of the Administrative Appeals Tribunal Act 1975 (the "AAT Act"), against a decision of the Veterans Appeals Division of the Administrative Appeals Tribunal (the "AAT"), given on 21 April 1995. Among other issues determined by the AAT, it decided that the present respondent ("the veteran") was entitled to payment of pension at the Special (Totally and Permanently Incapacitated) Rate, pursuant to s.24 of the Veterans' Entitlements Act 1986 (Cth) (the "Veterans' Act"), with effect from 14 September 1992. The Commission contends that the AAT failed to give adequate reasons or, alternatively, erred in its construction of