Straker and Repatriation Commission (Veterans’ entitlements)

This matter concerned an appeal by the Applicant against a decision of the Repatriation Commission regarding his eligibility for certain entitlements under the *Veterans' Entitlements Act 1986* (Cth) (VEA). The Applicant sought to have his gainful work performed outside Australia considered as gainful work performed within Australia for the purposes of satisfying a "work test" under the VEA. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant met the requirements of this work test.

The primary legal issue before the Tribunal was whether gainful work undertaken by the Applicant outside of Australia could be treated as gainful work performed within Australia for the purposes of section 45TU(1) of the VEA. A secondary issue arose concerning the Applicant's query about whether he might satisfy the work test on a pro rata basis for periods where he did engage in the required hours of work within Australia.

The Tribunal affirmed the decision under review to the extent that it found the Applicant did not meet the work test because gainful work performed outside Australia could not be treated as gainful work in Australia under section 45TU(1) of the VEA. However, the Tribunal remitted to the Repatriation Commission the question of whether the Applicant could alternatively satisfy the requirements of the work test under section 45TS[7] of the VEA on a pro rata basis for gainful work performed in Australia.