Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sleep v Repatriation Commission [2005] FCA 1872 VETERANS' ENTITLEMENTS – appeal from decision of the Administrative Appeals Tribunal that the applicant was entitled to a recreation transport allowance at the lesser rate – whether the appeal raises any question of law – appeal dismissed.
Veterans' Entitlement Act 1986 (Cth) ss 5, 104(1) Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2B), 44 KENNETH JOHN SLEEP v REPATRIATION COMMISSION SAD 793 of 2003 LANDER J 21 DECEMBER 2005 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 793 OF 2003
BETWEEN: KENNETH JOHN SLEEP
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 21 DECEMBER 2005
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 793 OF 2003
BETWEEN: KENNETH JOHN SLEEP
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: LANDER J
DATE: 21 DECEMBER 2005
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 This is an appeal against a decision of the Administrative Appeals Tribunal ('the AAT') constituted by Senior Member Purcell given on 4 September 2004. Before identifying the decision complained of, it is necessary to say something of the history.
Background facts 2 The applicant was born on 26 August 1947. He was conscripted into National Service and served in Vietnam. He has a number of diseases and injuries which have been accepted as war-caused under the Veterans' Entitlement Act 1986 (Cth) (the Act). The applicant is a veteran: s 5C. 3 The Act empowers the respondent to grant a recreation transport allowance (RTA) to a veteran who satisfies the criteria in s 104 of the Act. 4 Section 104(1) of the Act provides: 'Recreation transport allowance (1) Subject to this section, the Commission may grant an allowance, called recreation transport allowance, to a veteran who is suffering an incapacity from a war-caused injury or a war-caused disease of a kind described in column 1 of the following table: Column 1 Column 2 Description of incapacity Rate per fortnight $ 1. Both legs amputated above the knees 44.80 2. Negligible powers of locomotion so as to be capable of moving, with the aid of crutches or walking sticks, for short distances only. 44.80 3. Handicapped with regard to locomotion to a degree that, in the opinion of the Commission, is similar to the degree of handicap with regard to locomotion associated with a disability described in item 1 or 2 44.80 4. Both arms amputated at or above the wrists 22.40 5. Both legs amputated below the knees 22.40 6. One leg amputated above the knee and the other below the knee 22.40 7. One leg amputated above or below the knee and one arm amputated below the elbow 22.40 8. Blinded in both eyes 22.40 9. Incapacitated to an extent that, in the opinion of the Commission, is similar in effect or severity to the extent of incapacity associated with a disability described in item 4, 5, 6, 7 or 8 22.40 10. Handicapped with regard to locomotion to a degree that, in the opinion of the Commission, is similar in degree to the handicap with regard to locomotion associated with a disability described in item 5, 6, 7 or 8 22.40
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate