Younger, H.J. v Repatriation Commission

Re: HARTLEY JOHN YOUNGER
And: REPATRIATION COMMISSION
No. V G263 of 1992
FED No. 574
Administrative Law - Veterans' Affairs
(1992) 28 ALD 211 (extract)

COURT

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
Olney J.(1)

CATCHWORDS

Administrative Law - appeal from decision of Administrative Appeals Tribunal - application for extension of time within which to appeal - principles on which extension will be granted.

Veterans' Affairs - Veterans' Entitlement Act 1986 - continuous full-time service in Australia - service in actual combat with the enemy on 2 days in period of 3 years' service - whether veteran should be taken to have rendered operational service.

Veterans' Entitlements Act 1986, ss. 9(1), 6(1) and 120(1) and (3)

Administrative Appeals Tribunal Act 1975, s. 44(1)

Administrative Decisions (Judicial Review) Act 1977

Hunter Valley Developments Pty Ltd v. Cohen (1984) 3 FCR 344

Repatriation Commission v. Ahrenfeld (1991) 29 FCR 556

HEARING

MELBOURNE

#DATE 10:8:1992

Counsel and solicitors for
the applicant: Dr J.A. Scutt instructed

by Reichman and Co.

Counsel and solicitor for
the respondent: Mr P. Hanks instructed

by the Australian Government Solicitor.

ORDER

The Court orders that:

1. The application be dismissed;

2. The respondent's costs be taxed and paid by the applicant.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

The applicant has applied for an extension of time within which to institute an appeal from a decision of the Administrative Appeals Tribunal (the Tribunal) given on 10 January 1992.

1. The matter before the Tribunal was an application for review of a decision of the Repatriation Commission, made on 7 February 1989 and affirmed by the Veterans' Review Board on 11 July 1990, that the applicant's condition of alcoholism was not war-caused within the meaning of subsection 9(1) of the Veterans' Entitlements Act 1986 (the VEA Act).

2. For reasons given on 10 January 1992 the Tribunal affirmed the decision under review.

3. A party to a proceeding before the Tribunal may appeal to the Federal Court of Australia, on a question of law, from any decision of the Tribunal in that proceeding (Administrative Appeals Tribunal Act 1975, s. 44(1)). Such an appeal shall be instituted not later than the 28th day after the day on which a document setting out the terms of the decision of the Tribunal is furnished to the person seeking to appeal or within such further time as the Federal Court (whether before or after the expiration of that day) allows (AAT Act, s. 44(2A)).

4. The Tribunal's decision and reasons were furnished to the appellant on 14 January 1992 and accordingly, the time within which he was entitled to institute an appeal (in the absence of an extension of time) expired on 11 February 1992. The present application was filed in the Federal Court on 17 July 1992.

5. A provision relevantly similar to subsection 44(2A), namely paragraph 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 has been the subject of judicial…