Munro and Repatriation Commission

Case [2010] AATA 942




CATCHWORDS – VETERANS’ ENTITLEMENTS – DISABILITY PENSION – RATE OF PAY –  application for increase – paid at 100% of General Rate – application for Special Rate or Intermediate Rate – decision affirmed.

PRACTICE AND PROCEDURE – EXPERT WITNESSES – expert evidence exception to hearsay rule - role of expert witness -  determining when evidence probative – pivotal role played by letter of instruction to expert.

Administrative Appeals Tribunal Act 1975 ss 2A, 33(1)(c), 39
Evidence Act 1995, ss 4(1), 76(1), 79(1)
Veterans’ Entitlements Act 1986 ss5D(1) and (2), 5Q(1), 13(1)(b) and (d), 14, 15, 19(5A), (5B), (5C) and (5D), 19(5)(a) and (b), 19(9), 20(1), 21(1) and (3), 21A, 21A(1), 22(2), 23(1), 23(1)(aa), (ab), (a), (b) and (c), 24(1), 24(1)(a), (b), (c) and (d), 28, 28(c), 29

Administrative Appeals Tribunal Draft Guidelines for persons giving opinion evidence in the Administrative Appeals Tribunal
Federal Court Practice Note CM 7: Expert Witnesses in Proceedings in the Federal Court of Australia

Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 5) (1996) 64 FCR 73
Arnotts Limited v Trade Practices Commission (1990) 24 FCR 313; 97 ALR 555
Australian Securities and Investment Commission v Rich [2005] NSWSC 149; (2005) 190 FLR 242
BHP Billiton Iron Ore Pty Ltd v  National Competition Council [2007] FCAFC 157; (2007) 162 FCR 234; (2007) 247 ALR 104
Birtles v Repatriation Commission [1991] FCA 645; (1991) 33 FCR 290; 105 ALR 359; 24 ALD 545; 14 AAR 497
Carter v. Boehm 1 Smith L.C., 7th ed. (1876)
Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; 24 ALR 577
HG v The Queen (1999) 197 CLR 414
Leane v Repatriation Commission [2004] FCAFC 83; (1984) 81 ALD 625
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705
Minister for Immigration and Ethnic Affairs v Pochi [1980] FCA 85; (1980) 4 ALD 139
Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 190 ALR 601; (2002) 76 ALJR 966
Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd [2000] FCA 1463
Qantas Airways Limited [2004] ACompT9
R v Bartlett [1996] 2 VR 687
R v Bonython (1984) 38 SASR 45
R v Lam, Truong, Duong & Anor  [2001] QCA 279; (2001) 121 A Crim R 272
Re Fahey and Repatriation Commission (1986) 10 ALD 338; 5 AAR 274
Re JTMJ and Australian Securities and Investments Commission [2010] AATA 350
Repatriation Commission v Smith (1987) 15 FCR 327; 74 ALR 537; 7 AAR 17
RW Miller & Co Pty Ltd v Krupp (Australia) Pty Ltd (1991) 34 NSWLR 129
S & Y Investments (No 2) Pty Ltd v Commercial Union Assurance Co of Australia Ltd (1986) 44 NTR 14
Sheehy v Repatriation Commission (1996) 137 ALR 223; 41 ALD 205; 23 AAR 126
Starcevich v Repatriation Commission (1987) 18 FCR 221; 76 ALR 449; 7 AAR 296
Weal v Bottom…

Continue reading Munro and Repatriation Commission

Sign in free to access the full text

Details
AGLC
Munro and Repatriation Commission [2010] AATA 942
Case
[2010] AATA 942
Decision Date

CaseChat Overview and Summary

In the case of Munro and Repatriation Commission, the central dispute involved the rate of pay for a disability pension. Mr Munro, a veteran, sought an increase in his disability pension rate from the General Rate to either the Special Rate or the Intermediate Rate. The matter was heard and decided by the Veterans’ Entitlements Tribunal. The core legal issues revolved around the criteria and process for determining the appropriate rate of disability pension for veterans, as well as the admissibility and probative value of expert evidence in such determinations. Specifically, the court needed to assess whether the evidence provided by the expert witnesses was reliable and sufficient to warrant an increase in the pension rate.

The Tribunal examined the role of expert witnesses in providing evidence that was both probative and admissible under the exceptions to the hearsay rule. It was noted that the pivotal role in shaping the content of expert evidence was played by the letter of instruction to the expert. The court considered whether this evidence met the necessary standards to influence the decision on the pension rate. The Tribunal ultimately found that the expert evidence did not provide sufficient grounds to warrant an increase in the pension rate. Consequently, the decision of the Repatriation Commission, which had denied the increase, was affirmed.

The Tribunal acknowledged that the Repatriation Commission had increased Mr Munro’s disability pension rate to 100% of the General Rate effective from 28 June 2009. However, the Tribunal affirmed the decision of the Repatriation Commission dated 19 June 2009, which had been upheld by the Veterans’ Review Board on 17 April 2009. The Tribunal concluded that the evidence provided did not support a further increase to the Special Rate or the Intermediate Rate. This decision underscores the importance of stringent criteria in the evaluation of expert evidence when determining veterans’ entitlements.

Orders

Orders of the court

The Tribunal:1. notes that the Repatriation Commission has increased the rate at which disability pension is paid to Mr Munro to 100% of the General Rate with effect from 28 June 2009; and2. otherwise affirms the decision of the Repatriation Commission dated 19 June 2009 and affirmed by the Veterans’ Review Board on 17 April 2009.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.