Whitehouse v Repatriation Commission [2017] FCA 1085

FEDERAL COURT OF AUSTRALIA

Whitehouse v Repatriation Commission [2017] FCA 1085 Appeal from: Whitehouse and Repatriation Commission (Veterans' Entitlements) [2016] AATA 996

File number(s): TAD 56 of 2016

Judge(s): TRACEY J

Date of judgment: 15 September 2017

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal on a question of law pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – where the Tribunal had affirmed a decision of the Veterans' Review Board, which in turn had affirmed a decision of the Repatriation Commission to refuse an application for an increase to the intermediate pension rate under the Veterans' Entitlements Act 1986 (Cth) – where the applicant had been working as a full-time partner of a law firm – where, because of his war-caused incapacity, he subsequently worked as a part-time consultant solicitor – where he was engaged in that part-time work at the time of his application – whether his full-time work should be considered to be his "remunerative work (last paid work)" for the purpose of s 23(3A)(d) of the Veterans' Entitlements Act 1986 (Cth) STATUTORY INTERPRETATION – meaning of "remunerative work (last paid work)" in s 23(3A)(d) of the Veterans' Entitlements Act 1986 (Cth) DEFENCE AND WAR – whether the Administrative Appeals Tribunal erred in the construction and application of s 23(3A)(d) of the Veterans' Entitlements Act 1986 (Cth) by failing to find that the veteran's "last paid work" was the full-time work that he was prevented from continuing to undertake by his war-caused incapacity

Words & phrases: "Remunerative work (last paid work)"