Ronald Oldmeadow and Repatriation Commission

[2012] AATA 691

[2012] AATA 691

Division	VETERANS' APPEALS DIVISION
File Number	2010/2413
Re	Ronald Oldmeadow
APPLICANT
And	Repatriation Commission
RESPONDENT

DECISION

Tribunal	Senior Member Bernard J McCabe
Date	12 June 2012
Date of written reasons	13 August 2012
Place	Brisbane

The decision under review is affirmed.

.......................[Sgd]...................................

Senior Member Bernard J McCabe

CATCHWORDS

VETERANS’ AFFAIRS – Pensions – Special Rate of Pension – Application made after turning 65 years of age – Veteran not employed continuously for period of 10 years with employer – Decision under review affirmed 

LEGISLATION

Veterans’ Entitlements Act 1986 (Cth) s 24

REASONS FOR DECISION

Senior Member Bernard J McCabe

13 August 2012

1. The Repatriation Commission decided Mr Ronald Oldmeadow was not entitled to a pension paid at the special rate pursuant to s 24 of the Veterans’ Entitlements Act 1986 (Cth) (the Act). Mr Oldmeadow has asked the Tribunal to reconsider that decision. I gave my decision together with oral reasons at the resumed hearing in this matter on 12 June 2012. One of the parties subsequently asked for written reasons. It turns out the resumed hearing was not recorded, so a transcript recording my reasons for decision is not available. What follows has been reconstructed from my notes.

2. The outcome of the proceedings depends on one question: when did Mr Oldmeadow start working for the Australian Bureau of Statistics (the ABS) in Darwin? The Commission says the preponderance of evidence suggests he started work on or about 20 September 1993. Mr Oldmeadow says he recollects starting in May 1993 and points to a certificate of service which records a May start date.

3. The discrepancy between the dates is important because of subs 24(2A)(f) and (g)(i) of the Act, which impose what is known as the “10 year rule”. Those provisions require:

   (f)  the veteran was undertaking his or her last paid work after the veteran had turned 65; and

   (g)  when the veteran stopped undertaking his or her last paid work, the veteran:

   (i)  if he or she was then working as an employee of another person--had been working for that person, or for that person and any predecessor or predecessors of that person; or

   (ii)  if he or she was then working on his or her own account in any profession, trade, employment, vocation or calling--had been so working in that profession, trade, employment, vocation or calling;

   for a continuous period of at least 10 years that began before the veteran turned 65;and

   ...

4. As a practical matter, if Mr Oldmeadow started work at the ABS in May 1993, he will be able to satisfy the 10 year rule because it appears he finished work there on 22 June 2003. If he did not start work until September of that year, he will fall just short of meeting the requirement – which means he will not meet the criteria for a special rate pension.

5. Mr Oldmeadow gave evidence at the hearing in Darwin. I accept he was an honest witness who did his best to assist the Tribunal. He did not have a clear recollection of the dates but said he recalled starting work at the ABS in the early part of 1993. He said he recalled undertaking some training in or around May 1993 with the ABS and he recollected starting full-time work at around the same time.

6. I was also provided with a copy of a certificate of service signed by an officer in the Darwin office of the ABS dated 10 September 2003. That document says the applicant commenced work at the ABS on 9 May 1993.

7. The respondent produced a number of records supplied by the ABS, including a letter of appointment dated 27 September 1993 and a signed Undertaking of Fidelity and Secrecy which was also dated 27 September 1993. Ms Hinrichsen from the ABS explained in a letter dated 20 January 2012 (exhibit 8) that Mr Oldmeadow would not have been able to commence work without signing the Undertaking document. The other ABS records (apart from the certificate of service that originated from the Darwin office) suggest he started work in September, not May. In those circumstances the decision under review must be affirmed.

I certify that the preceding 7 (seven) paragraphs are a true copy of the reasons for the decision herein of Senior Member Bernard J McCabe.

..........................[Sgd]................................

Associate

Date 13 August 2012

Date of hearing	12 June 2012
Applicant	In person with assistance of support person
Advocate for the Respondent	Jeff Kelly