Recent decisions

The following Written Reasons for Decisions have been handed down this week. Links to the full text of the Decisions at the AustLII website are provided.

This page is updated each weekday and is current to 22 April 2014.

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Compensation

Azary and National Australia Bank Limited [2014] AATA 222; 16/4/2014; Senior Member J Toohey, Dr M Couch, Member

Psychological impairment – whether applicant suffered a psychiatric illness – diagnosis – causation – whether employment contributed to a significant degree – surveillance material – whether reasonable administrative action – whether taken in a reasonable manner – decision under review affirmed

 

Baird and Comcare [2014] AATA 233; 17/4/2014; Senior Member RM Creyke

Whether condition significantly contributed to by employment – carpel tunnel syndrome in wrists – nature of condition

 

Brockett and Military Rehabilitation and Compensation Commission [2014] AATA 224; 17/4/2014; Senior Member E Fice

Injury while performing duties during the course of service in the Australian Defence Force – Compensation for injuries – Commonwealth Public Servant with Department of Health and Ageing – Voluntary retirement from Department of Health and Ageing – Statutory construction of s 20 of the Safety, Rehabilitation and Compensation Act 1988 – Interpretation of the expression ‘retired from his or her employment’ – The expression ‘double dipping’ – Statutory interpretation – Use of extrinsic materials in interpreting legislation – Decision set aside and remitted

 

Kosteski and Comcare [2014] AATA 217; 14/4/2014; Deputy President RP Handley

Definition of injury – excludes diseases or injuries resulting from reasonable administrative action taken in a reasonable manner – injury resulted from being told to return to a workplace where she perceived she had been bullied and harassed – employer on notice of perception – should have been clear to employer that insistence on a return to that workplace would likely result in an injury – not reasonable – decision set aside and substituted

 

Reinhold and Comcare [2014] AATA 221; 15/4/2014; Senior Member N Bell

Compensation for injuries – whether injury permanent – degree of whole person impairment – non–economic loss – decision under review set aside and remitted

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Migration Agents

Chang and Migration Agents Registration Authority [2014] AATA 235; 22/4/2014; Deputy President RP Handley

Migration agents registration – immigration assistance – conflict of interest – breach of the Migration Agents Code of Conduct – fit and proper person –decision under review affirmed

 

Haque and Migration Agents Registration Authority [2014] AATA 225; 17/4/2014; Mr C Ermert, Member

Registration as Migration Agent – fit and proper person – person of integrity – criminal convictions – character – decision affirmed

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Practice and Procedure

Confidential and Child Support Registrar and Anor [2014] AATA 220; 15/4/2014; Deputy President SD Hotop

Extension of time – application for review lodged out of time – no satisfactory or acceptable explanation for delay – applicant rested on rights – Tribunal not satisfied that reasonable in all the circumstances to grant extension of time – application for extension of time refused

 

Ripszam and Minister for Infrastructure and Regional Development [2014] AATA 216; 11/4/2014; Mr S Webb

Application for reinstatement – original application found to be frivolous or vexatious and dismissed – scope of discretion to reinstate – meaning of error – jurisdictional fact – possibility of error – discretion to reinstate not enlivened – application refused

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Social Security

Legro and Secretary, Department of Social Services [2014] AATA 234; 22/4/2014; Ms R Perton, Member

Parenting payment (single) – s 80 of the Social Security (Administration) Act 1999 – decision under review affirmed

 

Munday and Secretary, Department of Social Services [2014] AATA 231; 17/4/2014; Mr S Webb, Member

Claim for Disability Support Pension – impairments – not fully diagnosed treated and stabilised – less than 20 impairment points – decision affirmed

 

Ray and Secretary, Department of Social Services [2014] AATA 227; 16/4/2014; Ms R Perton, Member

Disability support pension – cancellation on residency grounds – whether applicant a resident of Australia at the time of cancellation – decision set aside and remitted for consideration of any other outstanding issues

 

Udrzal and Secretary, Department of Social Services [2014] AATA 232; 17/4/2014; Deputy President PE Hack

Pensions, benefits and allowances – disability support pension – portability - whether outside Australia when cancellation decision made – severe impairment -whether job capacity assessment required - whether fully treated and stabilised and likely to persist for more than two years.

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Tax Agent

Cleary and Tax Practitioners Board [2014] AATA 218; 3/4/2014; Senior Member AF Cunningham

Suspension of registration – Stay order of Tax Practitioner Board set aside

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Veterans' Affairs

Ferdinands and Repatriation Commission [2014] AATA 215; 11/4/2014; Senior Member RG Kenny

Benefits and entitlements – Disability pension payable at 100% of general rate – Eligibility for special rate of pension – Incapacity from war–caused conditions sufficient to prevent the applicant from undertaking remunerative work for more than 8 hours per week – Accepted disabilities alone not responsible for inability to undertake remunerative work – Decision under review affirmed

 

Sheldon and Repatriation Commission [2014] AATA 228; 17/4/2014; Deputy President PE Hack

Veterans’ entitlements – pension – special rate – what type of work may be undertaken with applicant’s skills, qualifications or experience – whether totally or permanently incapacitated - whether there are other reasons preventing continuing remunerative work – whether genuinely seeking to engage in remunerative work.

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