Falconer v Repatriation Commission [2002] FCA 1336

FEDERAL COURT OF AUSTRALIA

Falconer v Repatriation Commission [2002] FCA 1336

VETERANS' ENTITLEMENTS – Appeal under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) seeking review of decision of Administrative Appeals Tribunal that applicant's diseases were not war-caused – Administrative Appeals Tribunal found applicant's hypothesis connecting his disease with war service was inconsistent with relevant Statements of Principles – "being obese" is a factor that must as a minimum exist in a reasonable hypothesis connecting applicant's disease with war service - definition of "being obese" in Statements of Principles makes reference to Statement About the Causes of "Being Obese" issued by Repatriation Medical Authority – whether Administrative Appeals Tribunal erred in considering itself bound by Statement About the Causes of "Being Obese" – whether Repatriation Medical Authority is precluded from identifying particular types of obesity in its definition Veterans' Entitlements Act 1986 (Cth)ss 6A, 9, 120, 120A, 196B, 196V, 196Y Administrative Appeals Tribunal Act 1975 (Cth) s 44

Tisdall v Health Insurance Commission [2002] FCA 97 cited NEILSON FALCONER v REPATRIATION COMMISSION N 813 OF 2002 TAMBERLIN J SYDNEY 30 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 813 OF 2002

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: NEILSON FALCONER

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 30 OCTOBER 2002

WHERE MADE: SYDNEY

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