Webb and Repatriation Commission

[2007] AATA 1049

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1049

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No V2005/809

VETERANS'       APPEALS       DIVISION		)
Re		FRANCIS JOSEPH WEBB

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr C. Ermert, Member

Date7 February 2007

PlaceMelbourne

Decision The Tribunal affirms the decision under review.

(sgd) C. Ermert

Member

VETERANS’ AFFAIRS ‑ veterans’ entitlements – operational service – accepted war‑caused injuries – cessation of remunerative work – what is the remunerative work – cessation due to war-caused injuries – cessation due to war-caused injuries alone ‑ application of the ameliorating provisions

Veterans’ Entitlements Act 1986 ss 23, 24

Sheehy v Repatriation Commission (1996) 137 ALR 223

Flentjar v Repatriation Commission (1997) 48 ALD 1

Re Freer and Repatriation Commission [2005] AATA 1256

Repatriation Commission v Hendy (2002) 76 ALD 47

Forbes v Repatriation Commission (2000) 101 FCR 50

REASONS FOR DECISION

7 February 2007 Mr C. Ermert, Member       

INTRODUCTION

1.      Francis Joseph Webb left school in 1964 at the age of 17.  He commenced work in a sawmilling and timber production company which was managed by his father and owned by a partnership between his family and two other families.  He was conscripted and served in the Australian Army in Vietnam between 8 July 1968 and 9 July 1969.  On his return to Australia he returned to the same business, working in various positions in the company.  In 1978 the company was sold to Gollin & Co which ran the business for about six years before selling it to ACI which ran the business for a further six years.  ACI then sold the business to Timbersales in September 1989.  Mr Webb remained employed by each new owner in turn.

2.      Mr Webb’s father died in about 1979 and Mr Webb received a substantial inheritance which was invested in property and family trust funds.  He acted as a director of the family trust funds and, as a result of an investment in a winery, he was appointed a director of that winery.  He was not paid for any of his director positions. By 2003 Mr Webb had resigned from all his directorships.

3.      On 9 February 1990, about 12 months after Timbersales bought the company, Mr Webb resigned.  He said that it was just as if he had hit a brick wall.  He could not go on any further and ceased work.  Since then he has lived off his investment income.

4.      Mr Webb has the following accepted war‑caused disabilities:

·Lumbar Spondylosis,

·Tinea,

·Generalised Anxiety Disorder,

·Bilateral Sensorineural Hearing Loss,

·Cataract Right Eye, and

·Hypertension.

5.      On 20 September 2004 the Repatriation Commission (the respondent) determined a disability pension of 100 per cent of the General Rate with effect from 20 July 2003.  The Veterans Review Board affirmed the decision on 22 June 2005.  On 8 September 2005 Mr Webb applied for a review of the decision by this Tribunal.

THE HEARING

6. At the hearing Mr Webb was represented by Mr Peter Liefman, a…