Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wooding v Repatriation Commission [2007] FCA 318
VETERANS' AFFAIRS – Ministerial determination – "representatives" of approved philanthropic organisation providing welfare services considered to be rendering continuous full-time service – whether member of a sponsored Defence Force concert party such a "representative" STATUTORY INTERPRETATION – construction of the term "representative" – Ministerial determination having legislative force under the Veterans' Entitlements Act 1986 (Cth) – "representative", in context, not to be given a narrow or agency-like construction Veterans' Entitlements Act 1986 (Cth) Administrative Appeals Tribunal Act 1975 s 44(1) Iversen v Repatriation Commission (2006) 91 ALD 114 cited Vetter v Lake Macquarie City Council (2001) 202 CLR 439 cited CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 applied ROY WOODING v REPATRIATION COMMISSION No SAD 265 of 2006
FINN J
13 MARCH 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 265 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR J G SHORT
BETWEEN: ROY WOODING
Appellant
AND: REPATRIATION COMMISSION
Respondent
JUDGE: FINN J DATE OF ORDER: 13 MARCH 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal be set aside. 3. The matter be remitted to the Tribunal to be heard and decided again. 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 265 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR J G SHORT
BETWEEN: ROY WOODING
Appellant
AND: REPATRIATION COMMISSION
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