Verth v Repatriation Commission [2002] FCA 375

FEDERAL COURT OF AUSTRALIA

Verth v Repatriation Commission [2002] FCA 375

ADMINISTRATIVE LAW – appeal from a decision of Administrative Appeals Tribunal affirming a decision of Repatriation Commission – where applicant claims to have qualifying service as defined in s 7A(1) of Veterans' Entitlements Act 1986 (Cth) – whether the applicant had rendered service as a member of another Commonwealth country's defence force during a period of hostilities – whether the applicant incurred danger from hostile forces of the enemy WORDS AND PHRASES – "incurred danger"

Veterans' Entitlements Act 1986 (Cth) s 7A(1) Repatriation Commission v Thompson (1993) 44 FCR 20 at 23 applied WALTER VERTH v REPATRIATION COMMISSION T 28 OF 2001 HEEREY J 4 APRIL 2002 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T 28 OF 2001

BETWEEN: WALTER VERTH

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 4 APRIL 2002

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T 28 OF 2001

BETWEEN: WALTER VERTH

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: HEEREY J

DATE: 4 APRIL 2002

PLACE: MELBOURNE (HEARD IN HOBART)

REASONS FOR JUDGMENT 1 The applicant appeals from a decision of the Administrative Appeals Tribunal (the Tribunal) given on 15 August 2001 affirming a decision of a delegate of the respondent Commission that the applicant does not have qualifying service as defined in s 7A(1) of the Veterans' Entitlements Act 1986 (Cth) (the Act). 2 Relevantly for present purposes, the question was whether the applicant had rendered service as a member of another Commonwealth country's defence force during a period of hostilities "…in an area outside that country, at a time when the person incurred danger from hostile forces of the enemy in that area…" within the meaning of s 7A(1)(b)(i) of the Act. The applicant was a member of the Royal Air Force and served in Sarawak during the period of Indonesian Confrontation. The issue before the Tribunal was whether at that time he "incurred danger from hostile forces of the enemy".