George and Repatriation Commission - [2003] AATA 538

Administrative

Appeals

Tribunal

DECISION AND REASONS FOR DECISION [2003] AATA 538
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2002/988

VETERANS' APPEALS DIVISION )

Re RONALD GEORGE

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr E K Christie, Member
Date10 June 2003
PlaceBrisbane

Decision
The Tribunal affirms the decision under review. This means Mr George’s application for review is unsuccessful. The Tribunal raises the possibility of an Act of Grace payment in the factual circumstances.

(Sgd) Dr E K Christie
Member

CATCHWORDS
VETERANS’ AFFAIRS – benefits and entitlements - GST rebate on purchase of motorcycle – meaning of “motorcycle” - whether vehicle purchased by applicant falls within statutory definition of motorcycle – Act of Grace payments
Veterans’ Entitlement Act 1986 s 120(4)
Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001 rr 3, 4
Departmental Policy Guidelines, Part 3, Chapter 9 - Act of Grace Payments
Jackman v Repatriation Commission [1997] FCA 564
REASONS FOR DECISION

10 June 2003 Dr E K Christie, Member

1.      This is an application by Ronald George to review a decision of the Repatriation Commission delegate, made on 25 September 2002, that Ronald George was ineligible for payment of motorcycle benefit under the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001 (“the Regulations”).
2.      The delegate made the following findings in reaching this decision:
“To be granted a motorcycle GST rebate a person must satisfy the legislative requirements set out in the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001.
…
Regulation 3 of the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001 relates to the purchase of a motorcycle.
The term ‘motorcycle’ is defined in regulation 3 which stipulates that it must have ‘fewer than 4 wheels’.
A quad bike has 4 wheels and therefore does not meet the definition of motorcycle under the Motorcycle GST rebate scheme.
I have noted Mr George’s comments regarding the steps he took before lodging the application and the different advice he received. Nevertheless my determination of this case has to be based on the regulations. The circumstances of application cannot overrule legal requirements.” (T6 folios 16, 17)

Facts
3.      The general facts are not in dispute and may be stated briefly.
4.      On 19 July 2002, Mr George lodged an Application for Motorcycle GST rebate form. The application was in respect of the purchase of a quad bike (Polaris Sportsman ATV 500) and was accompanied by a receipt from Vanderfield Machinery Pty Ltd dated 27 July 2002 in the amount of $12,100.00
5.      Mr George sought advice from the Veterans’ Affairs Network (VAN) prior to purchasing the quad bike.
6.      Mr George has the following accepted service related disabilities:
§deafness and tinnitus
§post traumatic stress disorder
§psychoactive substance abuse or dependence
§gastro-oesophageal reflux disease

7. It is not in dispute that Mr George is an “eligible person” under Reg 4 of the Regulations. In addition, the Commission is satisfied that there are special circumstances justifying the purchase mentioned in sub-regulation (1)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading George and Repatriation Commission

Details

AGLC: George and Repatriation Commission [2003] AATA 538
Case: [2003] AATA 538
Decision Date: 10 June 2003

CaseChat Overview and Summary

The case between George and the Repatriation Commission arose from a dispute over the eligibility of Mr George to receive a Goods and Services Tax (GST) rebate on the purchase of a motorcycle, under the Veterans' Entitlement Act 1986. Mr George claimed that the motorcycle he purchased met the statutory definition of a motorcycle and thus qualified for the rebate. The Repatriation Commission rejected his claim, leading Mr George to appeal this decision.

The central legal issues for the court were whether the motorcycle purchased by Mr George met the definition of a "motorcycle" under the Veterans' Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001, and if the statutory definition included the vehicle in question. Additionally, the court considered the applicability of an Act of Grace payment, as outlined in the Departmental Policy Guidelines.

In reaching its decision, the court examined the statutory definition of a motorcycle and the specific circumstances of Mr George's purchase. The court found that Mr George's motorcycle did not fit within the statutory definition and therefore was not eligible for the rebate. However, the court also noted the possibility of an Act of Grace payment in the given circumstances. Ultimately, the Tribunal affirmed the decision of the Repatriation Commission, resulting in Mr George's application for review being unsuccessful.

Orders

Orders of the court

The Tribunal affirms the decision under review. This means Mr George’s application for review is unsuccessful. The Tribunal raises the possibility of an Act of Grace payment in the factual circumstances.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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