Wright v Repatriation Commission [2005] FCA 7

FEDERAL COURT OF AUSTRALIA

Wright v Repatriation Commission [2005] FCA 7 VETERANS' AFFAIRS - Disability pension - Application for pension at special rate - Veteran receiving pension at 100% of general rate for war-caused conditions - meaning of "assessment period" - eligibility for pension assessed at "special rate" - Assessment of Veteran's inability to undertake remunerative work - Veteran's inability to undertake remunerative work not caused solely by war-caused disease or injury - the "alone" test -meaning of "remunerative work" - any activity which provides remuneration - Veteran prevented from continuing remunerative work from both war-caused injuries and non-accepted conditions - factual finding by the Administrative Appeals Tribunal - accepted conditions alone must lead to the prevention - remunerative artistic work had continued during the assessment period - (CTH) Veterans' Entitlement Act 1986 ss 13, 14, 19, 22, 23, 24. Veterans' Entitlements Act 1986 (Cth) ss 13, 14, 19, 22, 23 and 24 Banovic v Repatriation Commission (1986) 9 ALN N221A cited Forbes v Repatriation Commission (2000) 101 FCR 50; (2000) 171 ALR 131 cited Flentjar v Repatriation Commission (1997) 48 ALD 1 cited Cavell v Repatriation Commission (1988) 9 AAR 534 cited Conway v Repatriation Commission (1988) 16 ALD 770 cited Repatriation Commission v Hendy (2002) 76 ALD 47 referred to Starcevich v Repatriation Commission (1987) 18 FCR 221 distinguished Repatriation Commission v Haskard (2002) 126 FCR 1 approved KEVIN WRIGHT v REPATRIATION COMMISSION N 1275 OF 2004 TAMBERLIN J SYDNEY 14 JANUARY 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1275 OF 2004

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

BETWEEN: KEVIN WRIGHT

APPLICANT