Repatriation Commission v Richardson [2001] FCA 1626

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Richardson [2001] FCA 1626 VETERANS' AFFAIRS – entitlements – review of pension – whether the Commission may cancel or vary a pension or allowance upon the ground that it is no longer of the view that a relevant capacity was "war-caused" – construction of subs 31(6) of the Veterans' Entitlements Act 1986 (Cth) – matter not before the Commission, Board or Tribunal PROCEDURAL FAIRNESS – an opportunity to be heard Veterans' Entitlements Act 1986 (Cth), ss 14, 15(2), 19, 19(3), 31(6), 120, 120A, 120B, 135(1) REPATRIATION COMMISSION v IAN RICHARDSON N 1104 OF 2001 DOWSETT J 16 NOVEMBER 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY N 1104 OF 2001

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: IAN RICHARDSON

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 16 NOVEMBER 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The matter be remitted to the Administrative Appeals Tribunal for determination in accordance with law. 2. There be no order as to costs. 3. The parties have liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY N 1104 OF 2001

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: IAN RICHARDSON

RESPONDENT

JUDGE: DOWSETT J

DATE: 16 NOVEMBER 2001

PLACE: BRISBANE

REASONS FOR JUDGMENT

Introduction 1 This is an appeal by the Repatriation Commission (the "Commission") from a decision of the Veterans' Appeals Division of the Administrative Appeals Tribunal (the "Tribunal"). To understand the somewhat complex history of this matter it is necessary to understand the decision-making process adopted when considering a claim for a pension pursuant to the Veterans' Entitlements Act 1986 (Cth) (the "Act"), including the review process. Such a claim is made pursuant to s 14. It is investigated by the Secretary (presumably of the department administering the Act) and the outcome is submitted to the Commission for determination of the application. That decision is subject to review by the Veterans' Review Board (the "Board") pursuant to s 135(1). The Board may affirm or vary the decision or set it aside and make a decision in substitution for it. The Board's decision is subject to review by the Tribunal.