Au and Le and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Au and Le (the Applicants) to the Administrative Appeals Tribunal for a review of decisions made by the Repatriation Commission (the Respondent) concerning overpayments of service pension. The core of the dispute revolved around the Respondent's decisions to calculate and recover these alleged overpayments.

The legal issue before the Tribunal was whether it possessed the jurisdiction to review the Respondent's decisions regarding the calculation and recovery of service pension overpayments. This question hinged on the interpretation of relevant provisions within the *Veterans' Entitlements Act 1986* (Cth), specifically sections 57, 57B, and 175(2), and how they applied to decisions made by the Commission following an internal review under section 57B.

The Tribunal, applying the principles established in previous decisions, notably *Nelson and Repatriation Commission* (2007) 94 ALD 418, distinguished between two aspects of decision-making in overpayment cases. The first aspect concerns the basis for the overpayment, such as a change in the rate of pension, which is generally reviewable. The second aspect, which was the subject of the Applicants' review, relates to the calculation of the overpayment and the decision to recover the consequent debt. The Tribunal reasoned that decisions to raise and recover service pension overpayments, particularly when arising from a failure to notify of changes in circumstances, are not typically subject to internal review under section 57A or external review by the Tribunal under section 175(2). This is because such decisions are often considered self-executing and not the type of decision contemplated by section 57 for review.

Consequently, the Tribunal concluded that it lacked jurisdiction to review the Respondent's decisions concerning the calculation and recovery of the service pension overpayments. Accordingly, the application for review was dismissed.