Repatriation Commission v Thomas [2002] FCA 1497

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Thomas [2002] FCA 1497

VETERANS' AFFAIRS – review of decision of Administrative Appeals Tribunal – whether Tribunal erred by not applying Statement of Principles in force at time of its decision – whether claimant had an accrued right to have a decision reviewed in accordance with the Statement of Principles in force at the time of the decision of the Veterans' Review Board decision, as well as that in force at time of Commission's decision – whether Tribunal applied the appropriate Statement of Principles to the claim – nature of accrued right.

Veterans' Entitlements Act 1986, ss 5C, 6A, 7, 13, 9, 120, 120A, 196B Administrative Appeals Tribunal Act 1975 (Cth), s 43 Acts Interpretation Act 1901 (Cth), s 50 Deledio v Repatriation Commission (1997) 47 ALD 261 – referred to Repatriation Commission v Deledio (1998) 83 FCR 82 – followed Repatriation Commission v Gorton (2001) 110 FCR 321 – followed Repatriation Commission v Keeley (2000) 98 FCR 108 [2000] FCA 532 – followed Gorton v Repatriation Commission [2001] FCA 286 – referred to REPATRIATION COMMISSION v JACK WILLIAM THOMAS D.9 of 2002 MANSFIELD J 3 DECEMBER 2002 DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D.9 OF 2002

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: JACK WILLIAM THOMAS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 3 DECEMBER 2002

WHERE MADE: DARWIN

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The decision of the Administrative Appeals Tribunal given on 2 May 2002 is set aside. 3. The application of Jack William Thomas to the Administrative Appeals Tribunal for review of the decision of the Veterans' Review Board made on 7 August 1997 is remitted to the Administrative Appeals Tribunal for rehearing and redetermination according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.