Davis v Military Rehabilitation and Compensation Commission [2021] FCA 1446

Federal Court of Australia

Davis v Military Rehabilitation and Compensation Commission [2021] FCA 1446 File number: QUD 234 of 2021

Judgment of: LOGAN J

Date of judgment: 27 October 2021

Catchwords: ADMINISTRATIVE LAW – application under the Administrative Decisions (Judicial Review) Act (Cth) and s 39B of the Judiciary Act 1903 (Cth) to compel the Military Rehabilitation and Compensation Commission to make a decision – where applicant's claim for compensation has not been decided after seven months – where aspirational statement in Australian Veterans' Recognition (Putting Veterans and Their Families First) Act 2019 (Cth) states that the Commonwealth is committed to the Commission deciding claims within 90 days – whether the delay is unreasonable – where standard of unreasonableness is exacting – where delays are the result of a lack of available resources and policy of "triage" – consideration of the possibility of indefinite delay as a result of that policy – where delay not unreasonable on facts before the Court – application dismissed

Legislation: Constitution s 64 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 7 Australian Veterans' Recognition (Putting Veterans and their Families First) Act 2019 (Cth) ss 7, 10 Judiciary Act 1903 (Cth) s 39B Military Rehabilitation and Compensation Act 2004 (Cth) s 330 Repatriation Act 1920 (Cth) Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth) Veterans' Entitlements Act 1986 (Cth)

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Marbury v Madison 5 US (1 Cranch) 137 (1803) Minister for Home Affairs v DUA16 (2020) 95 ALJR 54 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 Thornton v Repatriation Commission (1981) 52 FLR 285