Fry, John v Repatriation Commission [1997] FCA 771

FEDERAL COURT OF AUSTRALIA

VETERANS' AFFAIRS - appeal from decision of Administrative Appeals Tribunal ('the AAT') - whether veteran entitled to Special or TPI rate of pension under s 24 Veterans' Entitlement Act 1986 (Cth) - whether veteran ceased work for reasons other than war-caused disabilities - finding by Tribunal that inability to continue to undertake full-time employment essentially because of criminal conviction - applicant not entitled to Special Rate ADMINISTRATIVE LAW - whether sufficient compliance with s 43(2B) of the Administrative Appeals Tribunal Act 1975 - whether reasoning process of the AAT exposed sufficiently to enable an understanding of the basis for the decision - requirements of s 43 satisfied Veterans' Entitlement Act 1986 (Cth) s 24 Administrative Appeals Tribunal Act 1975(Cth) s 43 Starcevich v Repatriation Commission (1987-88) 76 ALR 449 JOHN FRY v REPATRIATION COMMISSION VG 160 of 1996 SPENDER J BRISBANE 12 August 1997

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) ) QUEENSLAND DISTRICT REGISTRY ) VG 160 of 1996 ) GENERAL DIVISION )

On appeal from a decision of a member of the General Administrative Division of the Administrative Appeals Tribunal BETWEEN: JOHN FRY Applicant

AND: REPATRIATION COMMISSION Respondent

JUDGE(s): Spender J PLACE: Brisbane DATE: 12 August 1997 MINUTES OF ORDER THE COURT ORDERS THAT: The application be dismissed with costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) ) QUEENSLAND DISTRICT REGISTRY ) VG 160 of 1996 ) GENERAL DIVISION )

On appeal from a decision of a member of the General Administrative Division of the Administrative Appeals Tribunal BETWEEN: JOHN FRY Applicant