Williams v Repatriation Commission

[2001] FCA 601

Williams v Repatriation Commission [2001] FCA 601
Administrative law

Williams v Repatriation Commission [2001] FCA 601

ADMINISTRATIVE LAW - Veterans' entitlements - Application for widow's pension - Veteran died of coronary atherosclerosis - Veteran commenced to smoke during war-service - Issue before Administrative Appeals Tribunal as to whether veteran's death resulted from smoking - Repatriation Medical Authority had issued two Statements of Principles concerning ischaemic heart disease: SoP 80 of 1998, in force at date of veteran's death and initial decision refusing application for pension, and SoP 38 of 1999, in force at date of Tribunal decision - Tribunal rejected applicant's appeal, relying on SoP 80 of 1998 - Whether applicant entitled to rely on SoP 38 of 1999 - Whether Tribunal erred in its interpretation of SoP 80 of 1998 - Whether Tribunal's methodology conformed with the requirements of s 120 of Veterans' Entitlements Act.

Gorton v Repatriation Commission [2001] FCA 286 followed.

Repatriation Commission v Keeley (2000) 78 FCR 108 distinguished

Repatriation Commission v Thomson [2001] FCA 311 discussed

Costello v The Secretary, Department of Transport (1979) 2 ALD 934 applied

Veterans' Entitlements Act 1986: ss 120, 120A, 196B

JOAN MARY WILLIAMS v REPATRIATION COMMISSION

N39 of 2001

WILCOX J

25 MAY 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	N39 of 2001

ON APPEAL FROM THE VETERAN'S DIVISION

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	JOAN MARY WILLIAMS APPELLANT
AND:	REPATRIATION COMMISSION RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	25 MAY 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.       The decision of the Veterans' Appeal Division of the Administrative Appeals Tribunal dated 15 December 2000 be set aside.

2.       The matter be remitted to the Veterans' Appeals Division of the Administrative Appeals Tribunal for further hearing (with or without further evidence, as the Tribunal may decide) and determination according to law.

3.       The respondent, Repatriation Commission, pay the costs of the applicant, Joan Mary Williams, incurred in connection with this proceeding.

Note:       Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	N39 of 2001

ON APPEAL FROM THE VETERAN'S DIVISION

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	JOAN MARY WILLIAMS APPELLANT
AND:	REPATRIATION COMMISSION RESPONDENT

JUDGE:	WILCOX J
DATE:	25 MAY 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1 This is an application by way of appeal, under s 44 of the Administrative Appeals Tribunal Act 1975, from a decision of the Veterans' Appeal Division of the Administrative Appeals Tribunal. The application raises two issues: whether or not the Tribunal erred in law in its application of a particular Statement of Principles and whether the applicant, in the alternative, is entitled to rely upon a later Statement of Principles.

The facts

2       The appellant, Joan Mary Williams, is the widow of Colin Williams who died on 14 February 1999. The direct cause of Mr Williams' death was coronary atherosclerosis.

3       Mr Williams served in the Royal Australian Air…