Recent decisions
The following Administrative Appeals Tribunal Written Reasons for Decisions have been recently handed down. Links to the full text of the Decisions at the AustLII website are provided.
This page is updated daily and is current to 16 May 2012.
Previous weeks' decisions are also available at AustLII.
Child Support | Civil Aviation | Compensation | Corporations Law | Education, Employment and Workplace Relations | Practice and Procedure | Social Security | Superannuation | Veterans' Affairs
Child Support
Confidential and Principal Member, Social Security Appeals Tribunal and Anor [2012] AATA 297; 16/5/2012; Ms R Perton, Member
Application to extend time to apply to the Social Security Appeals Tribunal - SSAT refused extension - whether it is reasonable in all the circumstances to grant the extension - explanation for delay - whether application has possible merit - extension of time permitted / denied
Civil Aviation
Randazzo and Civil Aviation Safety Authority [2012] AATA 266; 4/5/2012; Senior Member G Ettinger, Dr T Austin AM, Member
Private pilot aged 74 years - Class 2 medical certificate subject to conditions - multiple health conditions - documented cognitive deficits on neuropsychological testing - Applicant is to fly with safety pilot - Decision under review is affirmed.
Compensation
Booth and Comcare [2012] AATA 293; 15/5/2012; Senior Member J Handley, Dr K Breen, Member
Applicant suffered back pain following four motor vehicle accidents in the course of her employment and on other occasions - whether temporary or permanent aggravation of pre-existing lumbar disease - absence of radiology - later incident when on holiday overseas - severe pain - subsequent MRI finding L4/5 and L5/S1 prolapse - whether applicant vulnerable to prolapse by any permanent aggravation of lumbar disease or whether she suffered a discrete injury unrelated to employment - decisions affirmed.
Towns and K & S Freighters Pty Ltd [2012] AATA 283; 11/5/2012; Senior Member JF Toohey and Dr I Alexander, Member
Aggravation of right inguinal hernia - truck driver - change in duties - whether employment contributed to aggravation to a significant degree - decision under review set aside
Trudu and Comcare [2012] AATA 286; 11/5/2012; Deputy President P E Hack SC
Injury - psychiatric condition - adjustment disorder - attributed to employer - failure to obtain a promotion or benefit - not within statutory definition of “injury” - reasonable administrative action taken - decision affirmed.
Corporations Law
Caines and Australian Securities and Investment Commission [2012] AATA 289; 14/5/2012; Senior Member D Letcher QC
Application to cancel or vary banning order - financial services provider - change in circumstances on which banning order made - discharge from bankruptcy - proper understanding of disclosure requirements - no dishonesty or intention to defraud - banning order varied upon Tribunal accepting enforceable undertaking - decision set aside
One Re Services Limited and Australian Securities and Investments Commission [2012] AATA 294; 15/5/2012; Senior Member JL Redfern
Licensing - Australian Financial Service Licence - authorisation sought to operate investment schemes ‘of a particular kind’ - authorisation refused - decision incidental to grant of licence - whether ‘no reason to believe’ applicant will not comply with legislative obligations - distinguished from banning and licence cancellation - nature and extent of the authorisation sought relevant - Decision affirmed
Education, Employment and Workplace Relations
International School of Professional Skills Pty Ltd and Australian Skills Quality Authority [2012] AATA 287; 16/4/2012; Deputy President JW Constance
National Vocational Education and Training Regulator Act 2011 - Registered Training Organisation - the Standards for NVR Registered Training Organisations - non-compliance - application for renewal of registration denied - decision under review affirmed
Practice and Procedure
Apache Energy Pty Ltd and National Offshore Petroleum Safety and Environmental Management Authority and Anor [2012] AATA 296; 15/5/2012; Senior Member E Fice
Freedom of Information - Joinder - Jurisdiction - Valid freedom of information request - Invalid freedom of information request - Whether a request for access can be made by more than one person - Whether the expression person used in s 15(1) includes the plural persons - Contrary intention - Decision set aside
Aspen Pharma Pty Ltd and Ors and Commissioner of Patents and Anor [2012] AATA 281; 10/5/2012; The Hon B Tamberlin QC, Deputy President and Dr T Nicoletti, Member
Proceedings - application for leave to rely on Settlement Agreement and associated confidential documents - applications for issue of summons - obligation of confidentiality - orders made
G E Free New Zealand in Food & Environment and Food Standards Australia and New Zealand [2012] AATA 284; 11/5/2012; The Hon. B Tamberlin, QC, Deputy President
Application for review - jurisdiction question - decisions in respect of which review is sought do not come within s 143 of the relevant act - no jurisdiction
Hingston and Pacific Tug (Australia) Pty Ltd [2012] AATA 277; 9/5/2012; Deputy President RP Handley
Jurisdiction question - applicant injured while working on board a ship - application for compensation - question of whether or not the ship was a ‘prescribed ship’ for the purposes of the Seafarers Rehabilitation and Compensation Act - no jurisdiction
Sayers and Secretary, Department of Education, Employment and Workplace Relations [2012] AATA 229; 19/4/2012; Senior Member JF Toohey
Extension of time - Jurisdiction - application for review of decision concerning applicant’s liability for HECS-HELP debt incurred over two semesters - applicant believed she was seeking review of decisions concerning both semesters - reviewable decision concerned one semester only - no reviewable decision made in respect of second semester - no jurisdiction to deal with decision concerning second semester - as no jurisdiction, application for extension of time refused
White and Child Support Agency [2012] AATA 211; 13/4/2012; Senior Member G Ettinger
Jurisdiction - Child Support - whether decision of Child Support Registrar not to remove record from register reviewable - no jurisdiction - application dismissed
Social Security
Amos and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 285; 11/5/2012; Senior Member RG Kenny
Benefits and entitlements - Claim for baby bonus - Claim to be made within 26 weeks of birth of child - Claim made outside of that 26 week period - Time limit exception not applicable - Claim not effective - Decision under review affirmed.
De Masi and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 270; 8/5/2012; Ms R Perton, Member
Age pension - assets test - property valuation disputed - disparate valuations - value of property adjusted - remittal to respondent as to whether applicants eligible for age pension
Ergenekon and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 275; 18/4/2012; Senior Member CR Walsh
Age pension - whether applicant’s age pension should have been cancelled by Centrelink - rate of age pension - portability rate - meaning of "working life residence" considered - savings clause not applicable to applicant - applicant in Australia immediately before 20 September 2000 and for a continuous period of 26 weeks or more since that date - decision under review affirmed
Ford and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 288, 14/5/2012; Senior Member KS Levy RFD
Pensions, Benefits and allowances - Disability support pension - Preclusion period - Special Circumstances - Relevance of evidence - Admissibility of expert evidence - Decision under review affirmed
Gellel and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs and Anor [2012] AATA 290; 14/5/2012; Senior Member AK Britton
Disability Support Pension - Newstart Allowance - compensation charge - calculation of compensation charge - ordinary income - discretion to treat all or part of compensation payment as not having been made - erroneous legal advice - complexity of compensation payments - poor health - special circumstances not made out - decision under review affirmed
Tanious and Secretary, Attorney-General’s Department [2012] AATA 291; 15/5/2012; Senior Member RG Kenny
Benefits and entitlements - Claim for Australian Government Disaster Recovery Payment (AGDRP) - Applicants qualified for an AGDRP as adversely affected by a major disaster (the Queensland floods) - Applicants unable to gain access to their principal place of residence for at least 24 hours - Claims lodged outside of relevant time-frame - No special circumstances applying to justify a late lodgement - Decision under review affirmed.
Superannuation
Bullock and Commonwealth Superannuation Corporation [2012] AATA 274; Senior Member KS Levy RFD
Defence Force Retirements and Death Benefits - Periods of continuous full-time service - Election required to remain in Defence Force Retirement and Death Benefits Scheme - Automatic transfer to Military Superannuation and Benefits Scheme - Legislative interpretation - Overpayment of benefit - Debt due to Commonwealth - Write off of debt - Decision under review affirmed
Veterans' Affairs
Gilmour and Repatriation Commission [2012] AATA 278; 10/5/2012; 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 applicant undertaking remunerative work for more than 8 hours per week - Applicant not prevented by reason of incapacity from war-caused conditions, alone or substantially, from continuing to undertake remunerative work - No loss of salary, wages or earnings that would not be suffered if free from incapacity - Decision under review affirmed.
Jordan and Repatriation Commission [2012] AATA 292; 15/5/2012; Senior Member RG Kenny
Veterans’ entitlements - Service with Royal Australian Navy - Dumping of radio-active waste at sea - Whether applicant rendered British nuclear test defence service under s 69B of the Veterans’ Entitlements Act 1986 (Cth) - Relevant dates not within periods of eligibility - Decision under review affirmed
Oakes and Repatriation Commission [2012] AATA 279; 10/5/2012; 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 applicant undertaking remunerative work for more than 8 hours per week - Course of study not equivalent to remunerative work - Applicant not prevented by reason of incapacity from war-caused conditions, alone or substantially, from continuing to undertake remunerative work - No loss of salary, wages or earnings that would not be suffered if free from incapacity - Decision under review affirmed.
Sykes and Repatriation Commission [2012] AATA 276; 9/5/2012; Senior Member N Isenberg
Entitlements - whether Applicant rendered qualifying service - whether Applicant was allotted for duty - instrument of allotment - concept of ‘detachment’ - decision under review set aside
Watt and Repatriation Commission [2012] AATA 272; 8/5/2012; Deputy President PE Hack SC
Veterans’ entitlement - adjustment disorder caused by chronic pain - pain attributable to service - adjustment disorder not attributed to back pain - no connection between the injury and service rendered - decision affirmed.