Johnson v Veterans' Review Board [2002] FCA 1543

FEDERAL COURT OF AUSTRALIA

Johnson v Veterans' Review Board [2002] FCA 1543

VETERANS' AFFAIRS – application to Veterans' Review Board for review of decision of Repatriation Commission – delay in prosecuting application – application dismissed under s 155AB(5) for failure to respond to notice given under s 155AB(4) that application should proceed or reasons for further delay provided – whether notice under s 155AA(4) entitled to be given after elapse of time from expiration of "standard review period" – whether notice could be given by delegate of Principal Member without designating in notice the fact of delegation – whether delegation valid notwithstanding delegator had ceased to occupy office as Principal Member and new Principal Member had made no fresh delegation. STATUTORY INTERPRETATION – delegation by Principal Member of Veterans' Review Board of functions under ss 155AA and 155AB of Veterans' Entitlements Act 1986 – delegator ceased to occupy office and new Principal Member had not made fresh delegation – whether obligation still valid – construction of s 166 of Veterans' Entitlements Act 1986. STATUTORY INTERPRETATION – delegation by Principal Member of Veterans' Review Board of functions under s 155AA and 155AB of Veterans' Entitlements Act 1986 – whether necessary for delegatee to refer to delegation when exercising delegated powers.

Veterans' Entitlements Act 1986 (Cth), s 13(1), 155AA, 155AB, 155AD, 142, 158 166 Administrative Appeals Tribunal Act 1975 (Cth), s 43 Administrative Decisions (Judicial Review) Act 1977, (Cth), s 11 Judiciary Act 1903 (Cth), s 39B Veterans' Affairs Legislation Amendment Act 1992 (Cth) Public Service Act 1922 (Cth), s 25(5) Migration Act 1958 (Cth), s 176(1) Acts Interpretation Act 1901 (Cth), s 34AA Coffey v Secretary, Department of Social Security (1999) 86 FCR 434; [1999] FCA 375 – referred to Tasker v Fullwood [1978] 1 NSWLR 20 – referred to Yapeen Holdings Pty Ltd v Calardu Pty Ltd (1992) 108 ALR 107 – referred to Kelly v Watson (1985) 10 FCR 305 – followed Aban v Minister for Immigration Local Government and Ethnic Affairs (1991) 31 FCR 93 – discussed Broadbridge v Stammers (1987) 76 ALR 339 – referred to Wyeth Australia Pty Ltd v Minister for Health & Aged Care [2000] FCA 330 – referred to R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust.) Ltd (1949) 78 CLR 389 – referred to Du Pont (Australia) v Comptroller-General of Customs (1963) 30 ALD 829 – referred to KEITH DOUGLAS JOHNSON v VETERANS' REVIEW BOARD & REPATRIATION COMMISSION S 193 of 2002 MANSFIELD J 13 DECEMBER 2002 ADELAIDE