Repatriation Commission v Sharp [2017] FCA 350

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Sharp [2017] FCA 350 Appeal from: Sharp and Repatriation Commission [2016] AATA 719

File number(s): NSD 1800 of 2016

Judge(s): PERRY J

Date of judgment: 4 April 2017

Catchwords: DEFENCE – Veterans' entitlements – appeal from decision of Administrative Appeals Tribunal – whether respondent prevented from engaging in remunerative work by defence- injuries alone – whether Tribunal misconstrued the "alone" test under ss 23 and 24, Veterans Entitlements Act 1986 (Cth) by limiting its consideration to diagnosed medical conditions – whether Tribunal failed to consider respondent's substance abuse disorder as a causative factor for incapacity to undertake remunerative work – whether Tribunal's findings were illogical or irrational – whether Tribunal failed to provide reasons

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Veterans' Entitlements Act 1986 (Cth) ss 5Q(1A), 15, 19, 22, 23, 24, 68, 70(5), 73

Cases cited: Brackenreg v Comcare [2010] FCA 724; (2010) 187 FCR 209 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Grant v Repatriation Commission [1999] FCA 1629; (1999) 57 ALD 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Rand v Comcare [2014] FCA 584; (2014) 140 ALD 666 Repatriation Commission v Richmond [2014] FCAFC 124; (2014) 226 FCR 21 Repatriation Commission v Watkins [2015] FCAFC 10 Smith v Repatriation Commission [2014] FCAFC 53l; (2014) 220 FCR 452 Summers v Repatriation Commission [2015] FCAFC 36; (2015) 230 FCR 179 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593