Tracy v Repatriation Commission [2000] FCA 779

FEDERAL COURT OF AUSTRALIA

Tracy v Repatriation Commission [2000] FCA 779 Administrative Law ) Veterans' Affairs ) – Vehicle Assistance Scheme – eligibility – review under Administrative Decisions (Judicial Review) Act – construction of s 105 of Veterans' Entitlements Act – history of the provision – beneficial character of the legislation –duty of administrator to follow judicial decision against which the Commission had not appealed – right of appeal against decision remitting a matter in which reasons were formulated which would govern the determination to be made – power of Court to remit with a direction and declaration where no further question of fact remains to be decided in respect of an issue – discretionary factors. Veterans' Entitlements Act 1986, s 105 Administrative Decisions (Judicial Review) Act 1977, ss 5, 16 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 referred to Canwest Global Communications Corp v Australian Broadcasting Authority (1998) 50 ALD 877 referred to Bushell v Repatriation Commission (1992) 175 CLR 408 referred to Tracy v Repatriation Commission (1999) 57 ALD 403 approved Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 followed Richardson v Commissioner of Taxation (1997) 80 FCR 58 followed Secretary, Department of Social Security v Lowe (1999) 92 FCR 26 followed Re Bolton; Ex parte Beane (1987) 162 CLR 514 applied Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390 applied Minister for Immigration and Ethnic Affairs v Tang Jia Xin (1994) 125 ALR 203 applied Newcastle City Council v GIO General Limited (1997) 191 CLR 85 applied Repatriation Commission v Hawkins (1993) 117 ALR 225 applied Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 distinguished Park Oh Ho v The Minister of State for Immigration and Ethnic Affairs (1989) 167 CLR 637 applied Johns v Australian Securities Commission (1993) 178 CLR 408 referred to TRACY v REPATRIATION COMMISSION W43 of 2000