FEDERAL COURT OF AUSTRALIA
Thompson v Repatriation Commission [2000] FCA 939
VETERANS’ AFFAIRS – Appeal from decision of Veterans’ Appeals Division of Administrative Appeals Tribunal – Claim for service pension due to service related disease rejected by Repatriation Commission – Claim also rejected to Veterans Review Board – Statement of Principle issued after application for review filed with Tribunal but before determination of Tribunal – SoP ought not to have been applied by Tribunal – amending act was a repeal act – amending act affected a right – amending act did not contain an intention contrary to the presumption that accrued rights are to be preserved
Veterans’ Entitlements Act 1986 (Cth), ss 119, 120, 120A, 196B
Acts Interpretation Act 1901 (Cth), ss 8, 8A
Veterans’ Affais (1994-1995) Budget Measures Legislation Amendment Act 1994 (Cth)Ogston v Repatriation Commission (1999) 29 AAR 89, distinguished
Repatriation Commission v Keeley [2000] FCA 532, applied
Byrnes v Repatriation Commission (1993) 177 CLR 564, followed
Esber v Commonwealth (1992) 174 CLR 430, followed
Yao v Minister for Immigration (1996) 69 FCR 583, considered
Director of Public Works v Ho Po Sang [1961] AC 901, consideredFRANK THOMPSON v REPATRIATION COMMISSION
NG 1167 of 1998MADGWICK J
SYDNEY
19 JULY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 1167 of 1998
BETWEEN:
FRANK THOMPSON
APPLICANTAND:
REPATRIATION COMMISSION
RESPONDENTJUDGE:
MADGWICK J
DATE OF ORDER:
19 JULY 2000
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application is allowed.
2.The decision of the Administrative Appeals Tribunal is set aside.
3.The matter is to be remitted to the Administrative Appeals Tribunal for further consideration in accordance with the law.
4.The respondent is to pay the applicant’s costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 1167 of 1998
BETWEEN:
FRANK THOMPSON
APPLICANTAND:
REPATRIATION COMMISSION
RESPONDENT
JUDGE:
MADGWICK J
DATE:
19 JULY 2000
PLACE:
SYDNEY
REASONS FOR JUDGMENT
HIS HONOUR:
This is an appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Veterans’ Appeals Division of the Administrative Appeals Tribunal (“Tribunal”). The Tribunal affirmed the decisions of the Veterans’ Review Board (“VRB”) which, in turn, had reviewed the decision of the Repatriation Commission, the respondent, that the applicant’s irritable bowel syndrome (“IBS”) was not war-caused within the meaning of the Veterans’ Entitlements Act 1986 (Cth) (“the Act”). This case presents another variation on themes, explored in Ogston v Repatriation Commission (1999) 29 AAR 89 and Repatriation Commission v Keeley [2000] FCA 532, regarding the consequences of the making of a “Statement of Principles” (SoP) during the processes of original and appellate determination of claims under the Act.
Factual background and sequence of events
The applicant served in the military between 1940 and 1946. He believes that the Epsom Salts that he was prescribed by military doctors for intestinal problems, while serving, had commenced a pattern of laxative abuse, and that this had…
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- AGLC
- Thompson v Repatriation Commission [2000] FCA 939
- Case
- [2000] FCA 939
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the Tribunal erred in failing to apply the SoP issued after the claim had been lodged but before the hearing. This required consideration of the interplay between the timing of the SoP and the claim process, as well as the Tribunal's obligation to apply relevant law. The court also needed to determine whether the SoP was binding on the Tribunal and if it should have influenced the outcome of Thompson’s claim. The reasoning of the court hinged on statutory interpretation and the procedural fairness owed to Thompson.
The court found that the Tribunal failed to apply the SoP issued after Thompson lodged his claim, which was a material consideration in the determination of his pension claim. The SoP, being a relevant legislative instrument, should have been applied by the Tribunal, affecting the outcome of Thompson's claim. The court held that the Tribunal's failure to apply the SoP constituted a legal error, leading to an unjust outcome. As a result, the Tribunal's decision was set aside, and the matter was remitted for reconsideration in accordance with the law. The Repatriation Commission was ordered to pay Thompson's costs.
Orders
Orders of the court
1. The application is allowed.
2. The decision of the Administrative Appeals Tribunal is set aside.
3. The matter is to be remitted to the Administrative Appeals Tribunal for further consideration in accordance with the law.
4. The respondent is to pay the applicant’s costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MADGWICK J
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