Golubenko and Repatriation Commission (Veterans' entitlements)

This matter came before the Tribunal concerning Mr Golubenko's application for review of the Repatriation Commission's decision regarding his eligibility for a pension at the special rate under the *Veterans' Entitlements Act 1986* (VE Act). The core of the dispute centred on whether Mr Golubenko met all the criteria stipulated in section 24(2A) of the VE Act, specifically paragraph (g), which pertains to the duration and commencement of his last paid work relative to his 65th birthday.

The Tribunal was required to determine whether Mr Golubenko had been working for his last employer, or a predecessor, for a continuous period of at least 10 years that commenced before he turned 65 years of age. The respondent accepted that Mr Golubenko satisfied all other paragraphs of section 24(2A), making this continuity of employment the sole point of contention.

The Tribunal found that Mr Golubenko did not satisfy section 24(2A)(g) of the VE Act. While Mr Golubenko provided a history of his employment, including his apprenticeship at the Government Aircraft Factory and subsequent employment in the security industry, the Tribunal's analysis focused on his employment with WB Engineering Pty Ltd and its successor, Chubb Security. Mr Golubenko worked for WB Engineering from 10 January 1994 until 30 June 2004, and then for Chubb Security from 1 July 2004 until 30 June 2008. The Tribunal concluded that this period of employment did not meet the requirement of a continuous 10-year period that began before he turned 65. Consequently, the Tribunal affirmed the decision under review, finding Mr Golubenko ineligible for payment of a pension at the special rate.