Vietnam Veterans' Association of Australia New South Wales Branch Inc v Specialist Medical Review Council [2002] FCA 733

FEDERAL COURT OF AUSTRALIA

Vietnam Veterans' Association of Australia New South Wales Branch Inc v Specialist Medical Review Council [2002] FCA 733 VETERANS' AFFAIRS – an application under s39B(1A)(c) of the Judiciary Act 1903 (Cth) seeking review of declarations made by the Specialist Medical Review Council pursuant to s196W(5) of the Veterans' Entitlement Act 1986 (Cth) –Whether the Council failed to consider two standards of satisfaction which it was required by the Veterans' Entitlement Act 1986 (Cth) to address when evaluating the sound medical-scientific evidence concerning the hypothesis that smoking contributes to prostate cancer – whether the Council failed to carry out a review of all the information that was available to the Repatriation Medical Authority when it last amended the relevant Statements of Principle – whether Council can review a Statement of Principles when the Statement of Principles has been revoked and replaced by the authorities. Words and phrases – "reasonable hypothesis", "proposition", "in force" Judiciary Act 1903 (Cth) s 39B(1A)(c) Veterans' Entitlement Act 1986 (Cth) ss 120A(3), 196B, 196C, 196E, 196K, 196V, 196W, 196Y, 196ZA(5), 196ZE and 196ZF Vietnam Veterans' Association of Australia New South Wales Branch Inc v Cohen (1996) 70 FCR 419 referred to Repatriation Commission v Vietnam Veterans' Association of Australia NSW Branch Inc (2000) 48 NSWLR 548 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Re Australian Insurance Employees Union; Ex parte Academy Insurance Pty Ltd (1988) 62 ALJR 426 considered East v Repatriation Commission (1987) 16 FCR 517 referred to Bushell v Repatriation Commission (1992) 175 CLR 408 referred to Byrnes v Repatriation Commission (1993) 177 CLR 564 referred to Repatriation Commission v Bey (1997) 79 FCR 364 followed