McDermid v Repatriation Commission

McDermid brought an action against the Repatriation Commission, challenging the Commission's decision to reduce the special rate of pension payable under the Veterans’ Entitlements Act 1986 (Cth) based on compensation received for incapacity arising from defence caused injuries. The applicant had multiple defence caused injuries, for which compensation was payable under the Safety, Rehabilitation and Compensation Act 1988 (Cth). However, the compensation was only payable in respect of the same incapacity but not all of the same injuries as were defence caused. The applicant argued that the Commission should not reduce the special rate of pension in light of the compensation payment.

The court had to decide whether the Commission should reduce the special rate of pension in light of the compensation payment received by the applicant. The court examined the relevant provisions of the Veterans’ Entitlements Act 1986 (Cth) and the Safety, Rehabilitation and Compensation Act 1988 (Cth). The court considered the interplay between the two Acts and whether the compensation payment affected the pension payable under the Veterans’ Entitlements Act 1986 (Cth).

The court found that the compensation payment did not affect the pension payable under the Veterans’ Entitlements Act 1986 (Cth). The court held that the Commission was not entitled to reduce the special rate of pension in light of the compensation payment. The court found that the provisions of the two Acts were to be read together and that the compensation payment did not constitute a reduction in the incapacity arising out of the defence caused injuries. The court held that the compensation payment was not a payment for the same incapacity as the pension payable under the Veterans’ Entitlements Act 1986 (Cth).

The court ordered that the parties are to provide short minutes of orders to give effect to the judgment. The entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.