Shafran v Repatriation Commission [2019] FCA 1833

FEDERAL COURT OF AUSTRALIA

Shafran v Repatriation Commission [2019] FCA 1833 File number: QUD 424 of 2019

Judge: LOGAN J

Date of judgment: 8 November 2019

Catchwords: DEFENCE AND WAR – veterans' entitlements – application for judicial review of conduct of the Veterans' Review Board – where the veteran applied to the Repatriation Commission for an increase in his rate of pension on the basis of a number of medical conditions – where the veteran applied to the Board for review of the Commission's decision – where the Secretary to the Department of Veterans' Affairs must prepare a report under s 137 of the Veterans' Entitlements Act 1986 (Cth) and provide it to the veteran for comment – where the Secretary provided the report to the Principal Member of the Board before providing it to the veteran for comment –where the veteran sought a ten-year extension of time in which to comment – where the Board held two directions hearings and made certain case management directions – where the Secretary eventually granted the applicant's request for an extension of time – whether the Secretary committed a jurisdictional error in providing the report to the Principal Member before giving it to the veteran for comment – whether the Board committed jurisdictional error by holding either of the two directions hearings – whether the Board had jurisdiction to make the directions that it made – whether the Secretary's decision to extend time was legally unreasonable STATUTORY INTERPRETATION – where s 137(1) of the Veterans' Entitlements Act 1986 (Cth) requires the Secretary to prepare a report – where s 137(4) requires the Secretary to provide the report, any comments on it made by the veteran and any supplementary report arising from any consequential investigation to the Principal Member of the Board as soon as practicable – whether the Secretary can only send the relevant documents to the Board once the time for comment and any consequential investigation has ended – whether it is a jurisdictional error for the Secretary to send the documents to the Principal Member before providing it to the veteran STATUTORY INTERPRETATION – where s 137(3) requires the Secretary to give the veteran 28 days on which to comment on the report or such longer time as is requested – where s 137(3) does not expressly provide for approval of the extension or how long it may be for – whether there is an implied reasonableness restriction on the veteran's rights to request an extension under s 137(3) – whether the Secretary has the power to grant or refuse an extension request under s 137(3) – whether the request must be made to the Secretary – whether the Board has jurisdiction to make directions regarding a request for an extension of time to comment under s 137(3)