Australian Postal Corporation v Lucas

Re: REPATRIATION COMMISSION
And: ALFRED TORRENS MALEY
No. G194 of 1991
FED No. 612
Administrative Law - Evidence
(1991) 14 AAR 278
(1991) 24 ALD 43

COURT

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Beaumont(1), Burchett(1) and Lee(1) JJ.

CATCHWORDS

Administrative Law - review of decision of AAT - error of law - AAT not bound by rules of evidence - in what circumstances wrongful rejection of evidence amounts to error of law.

Evidence - evidence in AAT proceedings - rejection of uncontested evidence without any adverse findings concerning credibility - rejection of best evidence - rejection of "uncorroborated" evidence - no rule of law requiring corroboration.

Words and Phrases - "discount" - "discount" of evidence.

HEARING

SYDNEY

#DATE 15:10:1991

Counsel and Solicitors Mr A. Emmett QC with Ms R.M. Henderson
for Appellant: instructed by Australian Government

Solicitor

Counsel and Solicitors Mr A. McInnes QC with for Respondent: Mr I. Sanderson instructed by

Vandenberg Reid Pappas and McDonald

ORDER

Vary the orders made by Einfeld J. by setting aside orders 2 and 3; in lieu thereof order that the matter be remitted to the Tribunal to be determined in accordance with law.

Otherwise, the appeal is dismissed, with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

The Repatriation Commission ("the Commission"), appeals from orders made by a judge of this Court setting aside a decision of the Administrative Appeals Tribunal ("the Tribunal") and remitting the matter to the Tribunal for further determination. In its decision, the Tribunal affirmed a decision of the Veterans' Review Board refusing to determine that the respondent, Alfred Torrens Maley, was entitled to a special rate of pension as provided by s. 24(1) of the Veterans' Entitlement Act 1986 ("the Act").

1. Section 24(1) provides as follows:
   

"(1) This section applies to a veteran, other than a veteran to whom section 25 applies, if -

(a) there is in force in respect of the veteran a determination under this Act determining that the degree of incapacity of the veteran from war- caused injury or war-caused disease, or both, is 100 per centum;

(b) the veteran is totally and permanently incapacitated, that is to say the veteran's incapacity from war-caused injury or war-caused disease or both, is of such a nature as, of itself alone, to render the veteran incapable of undertaking remunerative work for periods aggregating more than 8 hours per week; and

(c) the veteran is, by reason of incapacity from that war-caused injury or war-caused disease, or both, alone prevented from continuing to undertake remunerative work that the veteran was undertaking and is, by reason thereof, suffering a loss of salary or wages, or of earnings on his or her own account, that the veteran would not be suffering if the veteran were free of that incapacity."

1. Section 24 specifies three qualifying criteria which may be shortly described as (1) receipt of 100 per cent general rate pension;…