Roncevich v Repatriation Commission [2002] FCA 1458

FEDERAL COURT OF AUSTRALIA

Roncevich v Repatriation Commission [2002] FCA 1458

VETERANS' AFFAIRS – entitlement to compensation for injury occurring in domestic circumstances – whether injury defence-caused – whether Administrative Appeals Tribunal erred in not concluding that the injury would not have happened but for the applicant having rendered defence service.

Administrative Appeals Tribunal Act 1975 (Cth), s 43(2B) Veterans' Entitlements Act 1986 (Cth), ss 70, 120, 120B, 196B, 119 Roncevich v Repatriation Commission [2001] FCA 1320 – referred to Holthouse v Repatriation Commission (1982) 1 RPD 287 - discussed Repatriation Commission v Law (1980) 147 CLR 635 - discussed Wedderspoon v Minister of Pensions [1947] 1 KB 562 – referred to Goward v The Commonwealth (1957) 97 CLR 355 - discussed Repatriation Commission v Gorton (2001) 110 FCR 321 - discussed Grundman v Repatriation Commission [2001] FCA 892 - followed Commonwealth v Smith (1989) 18 ALD 224 - discussed JURE JACK RONCEVICH v REPATRIATION COMMISSION D 12 of 2002 MANSFIELD J 2 DECEMBER 2002 DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D.12 OF 2002

BETWEEN: JURE JACK RONCEVICH

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 2 DECEMBER 2002

WHERE MADE: DARWIN

THE COURT ORDERS THAT: 1. The application is dismissed. 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 D.12 OF 2002

BETWEEN: JURE JACK RONCEVICH

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: MANSFIELD J

DATE: 2 DECEMBER 2002

PLACE: DARWIN

REASONS FOR JUDGMENT

INTRODUCTION 1 This is an application by way of appeal from a decision of the Administrative Appeals Tribunal (the Tribunal) under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). The Tribunal's decision was given on 14 May 2002. It affirmed a decision of a delegate of the respondent, affirmed by a decision of the Veterans' Review Board, rejecting a claim made by the applicant for benefits under the Veterans' Entitlements Act 1986 (Cth) (the Act) in respect of injury described as internal derangement of his left knee (the left knee injury). In substance, the decision which was affirmed by the Tribunal was that the internal derangement of the applicant's left knee was not defence-caused. 2 The applicant was born on 7 October 1956. He served in the Australian Army from 11 February 1974 until 13 February 1998, when he was discharged voluntarily with the rank of Warrant Officer Class 1. At the material time he was a member of 3 Battalion, Royal Australian Regiment, living on barracks at Holdsworthy Barracks. He had been posted to Holdsworthy Barracks on 4 December 1985, and moved to those barracks in January 1986. He held the rank of Sergeant. His residential quarters were on the first floor of a two storey building. The ground floor included the Sergeants' Mess.