Repatriation Commission v Broadbent [2001] FCA 1434

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Broadbent [2001] FCA 1434 Veterans' Affairs – Service pension refused by applicant on the basis that the veteran had not rendered qualifying service – whether veteran rendered qualifying service – service in Malaya – veteran not awarded British General Service Medal with Malaya Clasp – meaning of s 7A(1A) of the Veterans' Entitlements Act 1986 (Cth). Veterans' Entitlements Act 1986 ss 7A(1)(a)(iii), 7A(1A) REPATRIATION COMMISSION v HARRY ROBERT BROADBENT D 3 OF 2001 von DOUSSA J 15 OCTOBER 2001 ADELAIDE (HEARD IN DARWIN)

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D3 OF 2001

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: HARRY ROBERT BROADBENT

RESPONDENT

JUDGE: von DOUSSA

DATE OF ORDER: 15 OCTOBER 2001

WHERE MADE: ADELAIDE (HEARD IN DARWIN)

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal dated 12 December 2000 be set aside. 2. The decision of the delegate of the applicant that the respondent did not render qualifying service within the terms of s 7A of the Veterans' Entitlement Act 1986 be affirmed. 3. Each party to bear its or his own costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D3 OF 2001

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: HARRY ROBERT BROADBENT

RESPONDENT

JUDGE: von DOUSSA

DATE: 15 OCTOBER SEPTEMBER 2001

PLACE: ADELAIDE (HEARD IN DARWIN)

REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Administrative Appeals Tribunal (the Tribunal) on a question of law pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). The Tribunal set aside a decision of a delegate of the Repatriation Commission refusing the respondent's claim for a service pension. The delegate had refused the claim on the basis that the respondent did not render qualifying service within the terms of s 7A of the Veterans' Entitlement Act 1986 (Cth) (the Act). The question of law raised by this appeal concerns the proper interpretation of s 7A(1A) of the Act. 2 At the time when the respondent claimed a service pension, and when the Tribunal gave its decision on 12 December 2000, "qualifying service" was defined by s 7A as follows: "(1) For the purposes of Part III and sections 85 and 118V, a person has rendered qualifying service: (a) if the person has, as a member of the Defence Force: … (iii) subject to subsection (1A), rendered service outside Australia in an area described in column 1 of Schedule 2 during the period specified in column 2 of that Schedule opposite to that description, as a member of a unit of the Defence Force that was allotted for duty, or as a person who was allotted for duty, in that area;