Rayson and Repatriation Commission

Case [2008] AATA 1063



CATCHWORDS – VETERANS’ AFFAIRS – whether Tribunal has under power to delay consideration of the claim under s 19A(1) of the Veterans’ Entitlements Act 1986 – whether a power encompassed within the powers and discretions conferred on the Tribunal by s 43(1) of the Administrative Appeals Tribunal Act 1975 for the purpose of the review of the decision – not such a power.

PRACTICE AND PROCEDURE – whether applicant can obtain his own Medicare and PBS histories – whether prevented by secrecy provisions in the relevant legislation – not prevented.

PRACTICE AND PROCEDURE  - whether those secrecy provisions prevent the Tribunal from obtaining the applicant’s Medicare and PBS histories on summons – prevented from obtaining Medicare histories but not PBS histories.

Australia and New Zealand Banking Group Ltd v Nguyen [2002] VSC 69
Australian Securities and Investments Commission v Donald (2003) 136 FCR 7
Chief Executive Officer of Customs v John Martins Au [2004] NSWSC 854
Comcare v Burton (1998) 157 ALR 522
Commissioner of Taxation v Tang [2006] SASC 252
Commonwealth Bank Officers Superannuation Corporation Pty Ltd v Commissioner of Taxation (2005) 148 FCR 427
Deputy Commissioner of Taxation v Dick [2007] NSWCA 190
Drake v Minister for Immigration (1979) 24 ALR 577
Esber v Commonwealth of Australia and Another (1992) 174 CLR 430
Fletcher v Commissioner of Taxation (1988) 19 FCR 442
Health Insurance Commission v Freeman (1998) 158 ALR 267
Hope v Threlfall (1854) 2 Eq Rep 307; 23 LJ Ch (NS) 631
Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186
Norvill v Chapman (1995) 133 ALR 226
R v Moodie Ex parte Mithen (1977) 17 ALR 219
Re BHP Petroleum Pty Ltd and Minister for Resources (1993) 30 ALD 173
Re Brian Lawlor Automotive Pty Ltd and Collector of Customs (New South Wales) (1978) 1 ALD 167
Re Control Investment Pty Ltd and Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88
Re Costello and Secretary, Department of Transport (1979) 2 ALD 934
Re Gee and Director-General of Social Services (1981) 3 ALD 132; 58 FLR 347
Re Van Heteren and Repatriation Commission (2004) 40 AAR 7
Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32
Secretary, Department of Social Security v Riley (1987) 17 FCR 99
Yolbir v Administrative Appeals Tribunal and Anor (1994) 48 FCR 246; 33 ALD 8; 19 AAR 15

Administrative Appeals Tribunal Act 1975, ss 3(1), 25(1), 33(1) and (2A), 39(1), 40(1A), 42A(5), 43(1) and (2)
Health Insurance Act 1973, ss 3(1), 10(1) and (2), 19(6), 124W(1), 130(1) (2), (3), (3A) and(25)
Health Insurance Commission Act 1973, ss 4, 5(a), 6, 8L, 8P, 8U, Part IID
Health Insurance Commission Regulations 1975 r 3(2)(c)
Human Services Legislation Amendment Act 2005, s 3, Schedule 2, item 2
Medicare Australia Act 1973, ss 4
National Health Act 1953, ss 85(1) and (2), 86, 86B, 87, 99(8), 99AAA(2) and (8), 135A(1), (2), (3), (4), (5), (5C), (7) and (24)
Privacy Act 1988 ss 6(1), 13(a), 14, 16
Veterans’…

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Rayson and Repatriation Commission [2008] AATA 1063
Case
[2008] AATA 1063
Decision Date

CaseChat Overview and Summary

The matter before the Administrative Appeals Tribunal (AAT) concerned a claim by Stanley Rayson for a disability pension on the basis of his service in the Royal Australian Navy. The Tribunal had to decide whether it could exercise certain powers under the Veterans' Entitlements Act 1986 (VE Act) to review the decision of the Repatriation Commission (Commission) and to determine whether the Commission could obtain the applicant's Medicare and Pharmaceutical Benefits Scheme (PBS) histories. The Tribunal decided that section 19A of the VE Act did not confer powers or discretions that could be exercised by the Tribunal for the purpose of reviewing a decision within the meaning of section 43 of the Administrative Appeals Tribunal Act 1975 (AAT Act). Furthermore, the Tribunal found that the Commission could not use its powers under section 128 of the VE Act to obtain the applicant's Medicare and PBS histories due to secrecy provisions in the National Health Act 1953 (NH Act) and the Health Insurance Act 1973 (HIA). However, the Tribunal could summons the PBS histories under section 40(1A) of the AAT Act but not the Medicare histories. The applicant could obtain the Medicare and PBS histories, and there appeared to be no limits on the use that he could make of them.

Orders

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Background

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Evidence

Evidence Before The Court

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Ratio Decidendi

Legal Principle Established

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