Fry v Repatriation Commission

[1997] FCA 771

FEDERAL COURT OF AUSTRALIA

VETERANS’ AFFAIRS - appeal from decision of Administrative Appeals Tribunal (‘the AAT’) - whether veteran entitled to Special or TPI rate of pension under s 24 Veterans’ Entitlement Act 1986 (Cth) - whether veteran ceased work for reasons other than war-caused disabilities - finding by Tribunal that inability to continue to undertake full-time employment essentially because of criminal conviction - applicant not entitled to Special Rate

ADMINISTRATIVE LAW - whether sufficient compliance with s 43(2B) of the Administrative Appeals Tribunal Act 1975 - whether reasoning process of the AAT exposed sufficiently to enable an understanding of the basis for the decision - requirements of s 43 satisfied

Veterans’ Entitlement Act 1986 (Cth) s 24
Administrative Appeals Tribunal Act 1975 (Cth) s 43

Starcevich v Repatriation Commission (1987-88) 76 ALR 449

JOHN FRY v REPATRIATION COMMISSION
VG 160 of 1996

SPENDER J
BRISBANE
12 August 1997

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA  )
)
QUEENSLAND DISTRICT REGISTRY            )	VG 160 of 1996
)
GENERAL DIVISION  )

On appeal from a decision of a member of the General Administrative Division of the Administrative Appeals Tribunal

BETWEEN:	JOHN FRY
Applicant
AND:	REPATRIATION COMMISSION
Respondent

JUDGE(s):     Spender J
PLACE:        Brisbane
DATE:          12 August 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

The application be dismissed with costs, to be taxed if not agreed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA  )
)
QUEENSLAND DISTRICT REGISTRY            )	VG 160 of 1996
)
GENERAL DIVISION  )

On appeal from a decision of a member of the General Administrative Division of the Administrative Appeals Tribunal

BETWEEN:	JOHN FRY
Applicant
AND:	REPATRIATION COMMISSION
Respondent

JUDGE(s):     Spender J
PLACE:        Brisbane
DATE:          12 August 1997

REASONS FOR JUDGMENT

This application is an appeal from a decision of the Administrative Appeals Tribunal (constituted by Commodore B G Gibbs, AM RAN (Retd), Senior Member), given on 4 March 1996, the effect of which was to refuse an application for an increase in the applicant’s war pension to what is known as the “Special” or “TPI” rate of pension as provided for in s 24 of the Veterans’ Entitlements Act 1986 (Cth) (‘the Act’).

In Starcevich v Repatriation Commission (1987-88) 76 ALR 449, Fox J set out at 453, observations by the acting Minister concerning the legislative history of the TPI rate of pension made during the second reading speech of the Repatriation Legislation Amendment Bill 1985:

“‘Since 1920, there has been a special rate of disability pension payable in circumstances where, because of total and permanent incapacity resulting from war service, a veteran has been unable to resume or to continue in civil employment.  The special or TPI rate pension was designed for severely disabled veterans of a relatively young age who could never go back to work and could never hope to support themselves or their families or put away money for their old age.…