Hunt and Repatriation Commission (Veterans' entitlements)

This matter concerned an application for review of a decision assessing the rate of disability pension made by the Repatriation Commission (the Respondent) in relation to Mr Hunt (the Applicant). The review was before Dr Stewart Fenwick, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the decision of the Veteran's Review Board, particularly in light of the Respondent's contention that the Board's review process had been flawed and that the Tribunal should therefore find it lacked jurisdiction. The Tribunal was also required to consider the scope of its own review powers under the *Veterans' Entitlements Act 1986* and the *Administrative Appeals Tribunal Act 1976*.

The Tribunal reasoned that its role in undertaking a merits review of a decision of the Board was wide, permitting departure from previous reasoning. It was established that any preliminary ruling or finding by the Tribunal is not a "decision" within the meaning of the *Administrative Appeals Tribunal Act 1976*. The Tribunal found that the Respondent's submission that it should find a lack of jurisdiction while simultaneously remitting the matter for reconsideration contained a contradiction that necessitated the failure of the Respondent's application. Drawing on *Collector of Customs (New South Wales) v Brian Lawlor Automotive Pty Ltd*, the Tribunal affirmed that the *Administrative Appeals Tribunal Act 1976* was intended to provide an effective appeal, free of technicalities, against administrative decisions. Accordingly, the Tribunal was not persuaded that the nature of any error in the Board's decision was beyond its power to address in a hearing.

The Tribunal decided that it had jurisdiction to hear and determine the application.