Garton and Repatriation Commission (Veterans' entitlements)

Garton and Repatriation Commission (Veterans' entitlements) [2021] AATA 1666 (19 May 2021)

Division:Veterans' Appeals Division

File Number(s):      2020/6528

Re:Peter Garton

APPLICANT

AndRepatriation Commission

RESPONDENT

DECISION

Tribunal:Senior Member B J Illingworth

Date:19 May 2021

Date of written reasons:     8 June 2021

Place:Adelaide

The decision dated 20 October 2020 is not a reviewable decision. Pursuant to section 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth), the application for review is dismissed.

...........................[SGND]..................................

Senior Member B J Illingworth

CATCHWORDS

PRACTICE AND PROCEDURE – JURISDICTION – Veterans’ Entitlement Act 1986 (Cth) – application to cancel debt accrued under Pension Loan Scheme – no reviewable decision – Tribunal does not have jurisdiction 

LEGISLATION

Administrative Appeals Tribunal Act 1978 (Cth)

Veterans’ Entitlement Act 1986 (Cth)

REASONS FOR DECISION

Senior Member B J Illingworth

8 June 2021

1. At the conclusion of the hearing of the above matter, the terms of the decision intended to be made and the reasons therefore were stated orally. After the giving of the oral reasons, the Applicant, pursuant to subsection 43(2A) of the Administrative Appeals Tribunal Act 1975, requested the Tribunal to furnish a statement in writing of the reasons of the Tribunal for its decision.

2. The oral reasons for the decision have been transcribed by Epiq. Some minor amendments have been made to that transcript. Whereas those oral reasons, as amended, may reflect the inelegance of an extempore decision, they are in fact the reasons for the said decision.

3. The said transcript is annexed hereunto and furnished to the Applicant and to the Respondent as it is the reasons for the Tribunal’s decision.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for the decision herein of Senior Member B J Illingworth.

……………[SGND]………………

Administrative Assistant Legal

Dated: 8 June 2021 

Date of hearing:	18 March 2021 and 19 May 2021 (by telephone)
Applicant:	Self-represented
Representative for the Respondent:	Mr Ashley Burgess, Sparke Helmore Lawyers

ORAL DECISION OF SENIOR MEMBER ILLINGWORTH       [10.00am]

1. The Tribunal received an application for Mr Peter Lenard Garton (the Applicant) on 20 October 2020 for the review of a decision made by a delegate of the Respondent pursuant to the Veterans’ Entitlement Act 1986 (Cth) (the VEA) of that same date. In the application, the Applicant contended that the Respondent failed to correctly apply the provisions of the VEA in relation to an application to cancel the Pension Loan Scheme (PLS) loan debt.

2. The outcome of the decision was that the request for waiver of a debt, pursuant to the VEA, was denied as the Applicant’s circumstances did not meet the criteria under extreme or unusual circumstances, or any other criteria, which would make it unreasonable for the Respondent to recover that debt. 

3. At page 3 of that decision the Applicant was advised of his review rights, namely, under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act), and that pursuant to section 11 of…