AAT Bulletin
Issue No. 19/2019                      13 May 2019
The AAT Bulletin is a weekly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions. The Bulletin also regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division. It occasionally includes information on legislative changes that affect the AAT. 
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Contents
AAT Recent Decisions
Citizenship
Compensation
National Disability Insurance Scheme
Practice and Procedure
Social Services
Taxation
Veterans' Affairs
Appeals
Appeals lodged
Appeals finalised
Statements of Principles
New Statements of Principles
Statements of Principles to be revoked

AAT Recent Decisions
This section of the Bulletin provides information about all decisions recently published in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals. This list also includes selected child support decisions published by the Social Services & Child Support Division and examples of recent decisions published by the Migration & Refugee Division.  Only AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.
Citizenship
Shafari and Minister for Home Affairs (Citizenship) [2019] AATA 808 (7 May 2019); Senior Member DJ Morris
CITIZENSHIP – citizenship by conferral – delegate refused application for citizenship – not satisfied of identity of applicant – veracity of document provided – birthdate changed historically – other documents supportive of identity – Tribunal limited to review question before decision –maker – decision under review set aside and remitted with direction
Compensation
Chalhoub and Comcare (Compensation) [2019] AATA 811 (29 April 2019); Senior Member
C Puplick AM
COMPENSATION – Commonwealth employee – claim for compensation for work related injury denied –  whether applicant sustained injury in the course of employment – pre-existing condition –  whether applicant entitled to compensation for neck and lower back injury and head tension and migraines  – decision affirmed
Steins and Comcare (Compensation) [2019] AATA 803 (6 May 2019); M Hyman, Member
COMPENSATION – rehabilitation – chronic migraines, neck strain, major depressive disorder and sleep apnoea – provision of a recliner chair – whether the original employer remains the rehabilitation authority – whether applicant is undertaking, has completed or has been assessed as not capable of undertaking a rehabilitation program – home assessments – whether a recliner chair is an aid or appliance – medical evidence – whether the chair is reasonably required – amount of compensation to be paid – decision under review set aside
National Disability Insurance Scheme
MHZQ and National Disability Insurance Agency [2017] AATA 810 (8 May 2019); Dr L Bygrave, Member
NATIONAL DISABILITY INSURANCE SCHEME – access – bilateral knee condition – borderline personality disorder – whether applicant has a disability – whether impairments permanent – whether substantially reduced functional capacity – where psychiatric condition results in substantially reduced functional capacity to socially interact – decision set aside and remitted
Practice and Procedure
Claasz and Comcare (Compensation) [2019] AATA 800 (3 May 2019); Mr W Frost, Member
PRACTICE AND PROCEDURE – compensation – incapacity resulting from injury – where lump sum payable under superannuation benefit scheme – date compensation payable from – calculation of superannuation amount for the purposes of s 21 of the Safety, Rehabilitation and Compensation Act 1988 – decision varied for date compensation payable – otherwise decision affirmed
Evans and Comcare (Compensation) [2019] AATA 799 (17 April 2019); Mr S Webb, Member
PRACTICE AND PROCEDURE – applications for review of decisions rejecting compensation claims – delay – failure to comply with directions – failure to proceed – application for dismissal – meaning of ‘within a reasonable time’ – discretion enlivened – factors relevant to exercise of discretion – explanation for applicant’s failure to  proceed and comply – fairness – prejudice – flexibility and latitude in the context of properly determined procedure – serial non-compliance and failure to proceed by applicant – Tribunal objectives – consideration of appropriate procedure – application dismissed
Hasan and Inco Ships Pty Ltd (Compensation) [2019] AATA 801 (7 May 2019); Deputy President JW Constance
PRACTICE AND PROCEDURE – application for review of decision to refuse extension of time in which to seek reconsideration of determination of liability – where delay in seeking reconsideration more than eight years after prescribed time in which to seek reconsideration expired – whether acceptable explanation of delay – whether prejudice to Respondent if extension granted – entirety of delay not satisfactorily explained – extension would unsettle established practices and generate uncertainty – decision under review affirmed
National College of Trade Pty Ltd and Australian Skills Quality Authority [2019] AATA 797 (3 May 2019); Mrs JC Kelly, Senior Member
PRACTICE AND PROCEDURE – application to stay decision of Australian Skills Quality Authority – registered training organisation – decision to remove nationally recognised qualification from scope of registration – Standard for RTOs 2015 cll. 1.8, 1.13, 1.14, 1.15, 1.16, 3.1 – decision to cancel registration – Standard for RTOs 2015 cll. 4.1, 5.1, 5.2, 5.3, 7.3, 1.7, 1.1, 1.2, 1.3, 1.8, 1.13, 1.14, 1.15, 1.16, 3.1, 3.2 – consideration of factors in Re Scott and Australian Securities and Investments Commission – majority of non-compliances not rectified – no current enrolments – stay application refused for remove from scope decision – stay application refused for cancellation decision
Social Services
GJCN and Secretary, Department of Social Services (Social services second review) [2019] AATA 802 (7 May 2019); Senior Member R Cameron
SOCIAL SECURITY – newstart allowance – disability support pension – jurisdiction question – whether telephone call with a customer service officer is a reviewable decision – no jurisdiction

Gordon and Secretary, Department of Social Services (Social services second review) [2019] AATA 805 (7 May 2019); Ms A Burke AO, Member
SOCIAL SECURITY – application for disability support pension – whether qualified – lumbar/cervical spine condition, left shoulder condition, right knee/leg condition, mental health condition, acquired brain injury and diabetes – whether impairment attracts rating of 20 points or more under Impairment Tables – whether program of support had been undertaken – decision under review set aside and substituted
Kennedy and Secretary, Department of Social Services (Social services second review) [2019] AATA 806 (7 May 2019); D Mitchell, Member
SOCIAL SECURITY – disability support pension – DSP – whether medical conditions fully diagnosed, fully treated and fully stabilised – whether 20 points or more under the impairment tables during the relevant period – decision under review affirmed
Smith and Secretary, Department of Social Services (Social services second review) [2019] AATA 796 (3 May 2019); Ms D Mitchell, Member
SOCIAL SECURITY – lump sum preclusion period – compensation charge – whether special circumstances exist – compensation lump sum – no evidence that special circumstances exist – decision under review affirmed
Termaine and Secretary, Department of Social Services (Social services second review) [2019] AATA 813 (9 May 2019); Ms D K Grigg, Member
SOCIAL SECURITY – disability support pension – DSP – whether 20 points or more under the impairment tables during the relevant period – decision under review affirmed
Taxation
Seven Network (Operations) Limited and Screen Australia (Taxation) [2019] AATA 798 (1 May 2019); Deputy President BW Rayment OAM QC
TAXATION AND REVENUE – films – income tax offsets – producer offset – qualifying conditions – “documentary” meaning – series called Bride and Prejudice – series not entitled to offset – decision under review affirmed
Veterans' Affairs
Mottlee and Repatriation Commission (Veterans' entitlements) [2019] AATA 812 (8 May 2019); Deputy President R I Hanger QC
VETERANS’ AFFAIRS – disability pension – defence service with the Royal Australia Navy – Post-Traumatic Stress Disorder (PTSD) – application of Statement Principles No. 83 – condition defence-caused – decision under review set aside
  
Appeals
This section of the Bulletin provides information about appeals that have been lodged or finalised against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions.  Information is only included about appeals relating to AAT decisions that have been published on AustLII.  Full copies of the decisions can be accessed through the hyperlinks provided below.  
Appeals lodged
CASE NAME	AAT reference	
GKQK and Minister for Home Affairs	[2019] AATA 614	
Legat and Australian Securities and Investments Commission	[2019] AATA 685	
SWWC and Minister for Home Affairs	[2019] AATA 586	
Tran and Minister for Home Affairs	[2018] AATA 3028	
Uasi and Minister for Home Affairs	[2019] AATA 638	
Vu and Minister for Home Affairs	[2019] AATA 635	
ZVTL and Secretary, Department of Social Services	[2019] AATA 682	
Appeals finalised
CASE NAME	AAT reference	court Reference	
DFW18 v Minister for Home Affairs	[2018] AATA 469	[2019] FCA 599	
Minister for Home Affairs v Sharma 	[2018] AATA 2110	[2019] FCA 597	

Statements of Principles
This section of the Bulletin provides information on recent developments in relation to Statements of Principles made by the Repatriation Medical Authority for the purposes of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. 
New Statements of Principles
The AAT has been advised that the Repatriation Medical Authority has made the following new Statements of Principles. They take effect from 27 May 2019.
Rapidly progressive crescentic glomerulonephritis (Reasonable Hypothesis) – No. 45 of 2019
https://www.legislation.gov.au/Series/F2019L00633
Rapidly progressive crescentic glomerulonephritis (Balance of Probabilities) – No. 46 of 2019
https://www.legislation.gov.au/Series/F2019L00634
Posterior adventitial heel bursitis (Reasonable Hypothesis) – No. 47 of 2019
https://www.legislation.gov.au/Series/F2019L00629
Posterior adventitial heel bursitis (Balance of Probabilities) – No. 48 of 2019
https://www.legislation.gov.au/Series/F2019L00630
Poisoning from plants or fungi (Reasonable Hypothesis) – No. 49 of 2019
https://www.legislation.gov.au/Series/F2019L00651
Poisoning from plants or fungi (Balance of Probabilities) – No. 50 of 2019
https://www.legislation.gov.au/Series/F2019L00652
Rheumatic heart disease (Reasonable Hypothesis) – No. 51 of 2019
https://www.legislation.gov.au/Series/F2019L00635
Rheumatic heart disease (Balance of Probabilities) – No. 52 of 2019
https://www.legislation.gov.au/Series/F2019L00636
Acute rheumatic fever (Reasonable Hypothesis) – No. 53 of 2019
https://www.legislation.gov.au/Series/F2019L00641
Acute rheumatic fever (Balance of Probabilities) – No. 54 of 2019
https://www.legislation.gov.au/Series/F2019L00642
Dislocation of a joint and dubluxation of a joint (Reasonable Hypothesis) – No. 55 of 2019
https://www.legislation.gov.au/Details/F2019L00640
Dislocation of a joint and dubluxation of a joint (Balance of Probabilities) – No. 56 of 2019
https://www.legislation.gov.au/Series/F2019L00647
Joint Instability (Reasonable Hypothesis) – No. 57 of 2019
https://www.legislation.gov.au/Series/F2019L00645
Joint Instability (Balance of Probabilities) – No. 58 of 2019
https://www.legislation.gov.au/Series/F2019L00644
Gout (Reasonable Hypothesis) – No. 59 of 2019 
https://www.legislation.gov.au/Series/F2019L00637
Gout (Balance of Probabilities) – No. 60 of 2019
https://www.legislation.gov.au/Series/F2019L00638
Statements of Principles to be revoked	
The AAT has been advised that the following Statements of Principles determined by the Repatriation Medical Authority will be revoked on 27 May 2019:
Dislocation – No. 24 of 2010
https://www.legislation.gov.au/Series/F2010L01040
Dislocation – No. 25 of 2010
https://www.legislation.gov.au/Series/F2010L01041
Gout – No. 30 of 2010 
https://www.legislation.gov.au/Series/F2010L01046
Gout – No. 31 of 2010 
https://www.legislation.gov.au/Series/F2010L01047
Joint Instability – No. 32 of 2010
https://www.legislation.gov.au/Series/F2010L01048
Joint Instability – No. 33 of 2010 
https://www.legislation.gov.au/Series/F2010L01049
Heel bursitis – No. 77 of 2010
https://www.legislation.gov.au/Series/F2010L02316
Heel bursitis – No. 78 of 2010 
https://www.legislation.gov.au/Series/F2010L02317
Rapidly progressive crescentic glomerulonephritis – No. 81 of 2010 
https://www.legislation.gov.au/Series/F2010L02337
Rapidly progressive crescentic glomerulonephritis – No. 82 of 2010 
https://www.legislation.gov.au/Series/F2010L02338
Poisoning and toxic reaction from plants and fungi – No. 84 of 2010
https://www.legislation.gov.au/Series/F2010L02839
Poisoning and toxic reaction from plants and fungi – No. 85 of 2010
https://www.legislation.gov.au/Series/F2010L02840
Rheumatic heart disease – No. 19 of 2011
https://www.legislation.gov.au/Series/F2011L00493
Rheumatic heart disease – No. 20 of 2011 
https://www.legislation.gov.au/Series/F2011L00492
Acute rheumatic fever – No. 23 of 2011
https://www.legislation.gov.au/Series/F2011L00503
Acute rheumatic fever – No. 24 of 2011
https://www.legislation.gov.au/Series/F2011L00504

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