FEDERAL COURT OF AUSTRALIA
Hill v Repatriation Commission [2000] FCA 929ADMINISTRATIVE LAW – Application for review of decision of Administrative Appeals Tribunal – Veterans’ entitlements – Veteran left civilian employment in 1989 allegedly because of war-caused disabilities - Repatriation Commission later accepted that veteran suffered some war-caused disabilities – 1993 decision of AAT awarding veteran pension at Intermediate Rate - Application now made for Special Rate pension – In 2000 AAT found total and permanent incapacity (that is, inability to work more than eight hours per week) but refused application because it was not satisfied that veteran suffered economic loss – Whether Tribunal erred in law in considering only whether the veterans’ position, in relation to economic loss, had deteriorated since 1993 – Whether the Tribunal erred in law in regarding a dog breeding activity of the veteran as a mere hobby and irrelevant in relation to economic loss.
Veterans Entitlements Act 1986, ss23(1)(c) and 24.
ALLAN CLAUDE HILL v REPATRIATION COMMISSION
N166 of 2000
WILCOX J
SYDNEY11 JULY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N166 of 2000
BETWEEN:
ALLAN CLAUDE HILL
ApplicantAND:
REPATRIATION COMMISSION
RespondentJUDGE:
WILCOX J
DATE OF ORDER:
11 JULY 2000
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be granted and the decision of the Administrative Appeals Tribunal dated 3 February 2000 be set aside.
2.The matter be remitted to the Administrative Appeals Tribunal for redetermination according to law.
3.The respondent, Repatriation Commission, pay the costs of the proceeding incurred by the applicant, Allan Claude Hill.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N166 of 2000
BETWEEN:
ALLAN CLAUDE HILL
ApplicantAND:
REPATRIATION COMMISSION
Respondent
JUDGE:
WILCOX J
DATE:
11 JULY 2000
PLACE:
SYDNEY
REASONS FOR JUDGMENT
WILCOX J: This application is brought to the Court by Allan Claude Hill, by way of appeal against a decision of the Administrative Appeals Tribunal. The right of appeal is limited to appeal on a question of law: see s44 of the Administrative Appeals Tribunal Act1975. Mr Hill argues that the Tribunal made two errors of law in considering an application made by him under the Veterans’ Entitlements Act 1986. The Repatriation Commission appears to support the Tribunal’s decision.
The background facts
Mr Hill was born on 10 February 1936. He served in the Royal Australian Air Force for some 20 years (1958 to 1978). Following his discharge he was employed for 11 years in a civilian capacity by the Department of Defence. He worked at the Guided Weapons and Electronic Support Facility at St Marys near Sydney. He was retrenched from that employment on 28 March 1989. Mr Hill claims that he accepted the Department’s offer of retrenchment because of various physical disabilities, which he describes as “war-caused”.
Immediately after leaving the Department of Defence, Mr Hill applied for a pension under the
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- AGLC
- Hill v Repatriation Commission [2000] FCA 929
- Case
- [2000] FCA 929
- Decision Date
CaseChat Overview and Summary
The key legal issues before the court were whether the AAT erred in law by considering only whether the veteran's position in relation to economic loss had deteriorated since 1993, and whether the AAT erred in law by regarding the veteran's dog breeding activity as a mere hobby and irrelevant in relation to economic loss. The court was required to determine whether the AAT's approach to assessing economic loss and its interpretation of the veteran's dog breeding activities as non-remunerative work were in accordance with the applicable legislation and judicial precedents.
The court held that the AAT did not err in its consideration of economic loss, as the focus should be on whether the veteran's position had deteriorated since the 1993 decision. Regarding the dog breeding activities, the court found that the AAT was not bound by any rigid "test" for determining what constitutes remunerative work, and its findings that the activity was merely a hobby were supported by the evidence. The court concluded that the AAT's decision was not affected by any error and was open to the Tribunal based on the evidence presented.
The court ordered that the application be granted, the AAT's decision dated 3 February 2000 be set aside, and the matter be remitted to the AAT for redetermination according to law. Additionally, the Repatriation Commission was ordered to pay the costs of the proceeding incurred by the applicant, Allan Claude Hill.
Orders
Orders of the court
1. The application be granted and the decision of the Administrative Appeals Tribunal dated 3 February 2000 be set aside.
2. The matter be remitted to the Administrative Appeals Tribunal for redetermination according to law.
3. The respondent, Repatriation Commission, pay the costs of the proceeding incurred by the applicant, Allan Claude Hill.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: WILCOX J
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