Williams v Repatriation Commission [2001] FCA 601

FEDERAL COURT OF AUSTRALIA

Williams v Repatriation Commission [2001] FCA 601

administRative law – Veterans' entitlements – Application for widow's pension – Veteran died of coronary atherosclerosis – Veteran commenced to smoke during war-service – Issue before Administrative Appeals Tribunal as to whether veteran's death resulted from smoking – Repatriation Medical Authority had issued two Statements of Principles concerning ischaemic heart disease: SoP 80 of 1998, in force at date of veteran's death and initial decision refusing application for pension, and SoP 38 of 1999, in force at date of Tribunal decision – Tribunal rejected applicant's appeal, relying on SoP 80 of 1998 – Whether applicant entitled to rely on SoP 38 of 1999 – Whether Tribunal erred in its interpretation of SoP 80 of 1998 – Whether Tribunal's methodology conformed with the requirements of s 120 of Veterans' Entitlements Act. Gorton v Repatriation Commission [2001] FCA 286 followed. Repatriation Commission v Keeley (2000) 78 FCR 108 distinguished Repatriation Commission v Thomson [2001] FCA 311 discussed Costello v The Secretary, Department of Transport (1979) 2 ALD 934 applied Veterans' Entitlements Act 1986: ss 120, 120A, 196B JOAN MARY WILLIAMS v REPATRIATION COMMISSION N39 of 2001 WILCOX J 25 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY N39 of 2001

ON APPEAL FROM THE VETERAN'S DIVISION

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: JOAN MARY WILLIAMS

APPELLANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 25 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Veterans' Appeal Division of the Administrative Appeals Tribunal dated 15 December 2000 be set aside. 2. The matter be remitted to the Veterans' Appeals Division of the Administrative Appeals Tribunal for further hearing (with or without further evidence, as the Tribunal may decide) and determination according to law. 3. The respondent, Repatriation Commission, pay the costs of the applicant, Joan Mary Williams, incurred in connection with this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.