Callander and Repatriation Commission (Veterans' entitlements)

This matter concerned an application for review by Mr Callander against a decision of the Repatriation Commission regarding his pension entitlement under the *Veterans’ Entitlements Act 1986*. The core dispute was whether Mr Callander was entitled to the Special Rate of pension, with the primary issues being whether he was totally and permanently incapacitated and whether he was prevented by war-caused incapacity alone from continuing remunerative work and suffering a loss of earnings. The application was heard by O'Donovan SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether it was bound by procedural constraints voluntarily adopted by the original decision-maker, whether Commission policy restricted the respondent from obtaining further evidence without good cause, and the impact of the *Act* on the gathering of evidence. Specifically, the applicant argued that the Tribunal should not receive evidence that the original decision-maker would not have considered, that the respondent should obtain clarifying opinions rather than new ones unless there was good cause, and that the *Act* mandated limitations on evidence gathering.

O'Donovan SM held that the Tribunal's task on review is to determine the correct or preferable decision based on the material before it, not the material before the original decision-maker, citing *Frugtniet v ASIC*. The Tribunal's procedure and how it informs itself are matters within its discretion under section 33 of the *Administrative Appeals Tribunal Act 1975*, and it is not substantively constrained by the respondent's internal decision-making processes. Furthermore, Commission policies providing guidance to internal decision-makers do not bind the Tribunal or constrain the respondent's approach to assisting the Tribunal. The *Act* was found to encourage consideration of the adequacy of existing evidence and the minimum additional evidence required, but not to impose strict limitations on evidence gathering.

The Tribunal dismissed the applicant's contentions regarding constraints on evidence.