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 2015.
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Digiglio and Transpacific Industries Pty Ltd  AATA 226; 15/4/2015; Senior Member GD Friedman
COMPENSATION – left shoulder, hips, lower back and groin injuries – whether significant contribution by employment – previous injury in 1998 – whether contribution by events that occurred prior to respondent becoming licensee on 1 July 2008
Hand and Comcare  AATA 238; 21/4/2015; Senior Member E Fice
Particular injuries, diseases and disabilities – Mental and nervous disorders – Entitlement to compensation – Exclusions – Stress injuries resulting from reasonable administrative action by employer – Decision under review affirmed
Hunter and Telstra Corporation Limited  AATA 218; 13/4/2015; Deputy President IR Molloy
Commonwealth employees – Whether injury a result of reasonable administrative action – Major depressive disorder – Where multiple contributing factors – Decision under review set aside and Tribunal decision substituted
Huynh and Australian Postal Corporation  AATA 235; 17/4/2015; Senior Member J Handley
Applicant diagnosed with plantar fasciitis – worked more than 20 years standing and walking on concrete floors – plantar fasciitis idiopathic , pre-existing and a non-compensable ailment – bilateral chronic pain experienced – no change in the pathology of the condition – applicant vulnerable to pain by the employment activities – no relevant distinction between aggravation or exacerbation – pain part of the disease – contribution to a significant degree by the employment – decisions set aside.
Parr and Military Rehabilitation and Compensation Commission  AATA 239; 22/4/2015; Dr M Denovan, Member
Entitlements – Dependants – Eligible Young Person Payment – Whether dependant was an “eligible young person” at the time the veteran became eligible for 80 impairment points – Dependant no longer an “eligible young person” at the time of veteran’s eligibility – Decision under review affirmed
Singer and Comcare  AATA 231; 17/4/2015; Senior Member Isenberg
Workers compensation incapacity payments – whether the average weekly earnings and normal weekly earnings were correctly calculated – whether there has been any underpayment of compensation payments – decision affirmed
Brand Developers Aust Pty Ltd and Chief Executive Officer of Customs  AATA 215; 10/4/2015; Deputy President SA Forgie
Whether eligible for concessional rate – whether description of TCO to be met precisely – whether goods may have additional features outside the description of the TCO – precise description of TCO to be met – “Y-shaped” vegetable peeler and lid each takes goods outside of description of TCO but booklet and packaging do not – decision affirmed
Elhelwe and Australian Community Pharmacy Authority & Ors  AATA 219; 14/4/2015; Deputy President JW Constance
Pharmacists – application to supply pharmaceutical benefits from particular premises – small shopping centre – whether supermarket with gross leasable area of 2,500 square metres – construction of supermarket – meaning of market – decision affirmed
Rana and Minister for Immigration and Border Protection  AATA 227; 16/4/2015; Senior Member P Taylor
Application for Australian citizenship – whether Applicant of good character – nature of good character – Applicant convicted of offences involving dishonesty – consideration of sentencing judge's remarks – supporting witnesses unaware of circumstances of convictions – decision affirmed.
ATP Group Pty Ltd and Tax Practitioners Board  AATA 225; 16/3/2015; Deputy President R Deutsch
Stay – operation of a decision to cancel registration as tax agent – public interest – reputational damage – prospects of success – stay granted
Clarke and Secretary, Department of Social Services  AATA 165; 20/3/2015; Senior Member JF Toohey
Disability support pension – compensation affected payment – preclusion period – whether preclusion period correctly calculated – whether special circumstances – decision under review set aside
Elbehidi and Secretary, Department of Employment  AATA 228; 24/3/2015; Senior Member RW Dunne
Pensions, benefits and allowances – application for newstart allowance – applicant’s business not making a profit and he is in financial difficulty – whether applicant was "unemployed" – whether self-employed – self-employment was not “very short term” or “sporadic” – discretion available to treat applicant as being unemployed for newstart allowance – discretion not exercised – decision under review affirmed
Koden and Secretary, Department of Social Services  AATA 236; 20/4/2015; Mr C Ermert, Member
Disability support pension – whether the Applicant’s impairment attracts 20 points – decision affirmed
Lloyd and Secretary, Department of Social Services  AATA 214; 10/4/2015; Prof R McCallum AO, Member
SOCIAL SECURITY – pensions – disability support pension – whether Applicant’s conditions were fully diagnosed, treated and stabilised – whether Applicant’s impairment rated 20 points or more under the Impairment Tables – decision under review affirmed
Loughman and Secretary, Department of Social Services  AATA 220; 14/4/2015; Deputy President JW Constance
Disability support pension – whether impairments fully diagnosed, treated and stabilised – whether impairments could be rated twenty or more impairment points – decision affirmed
Mirza and Secretary, Department of Social Services  AATA 223; 14/4/2015; Professor R McCallum AO, Member
SOCIAL SECURITY – disability support pension – whether applicant’s impairments are rated 20 points or more under the Impairment Tables – thirteen week qualification period – decision affirmed
McDonald and Commonwealth Superannuation Corporation  AATA 237; 21/4/2015; Dr J Popple, Senior Member
Defence Force Retirement and Death Benefits Scheme – member resumed continuous full time service – whether member made an election to remain in DFRDB scheme – requirements to make election – member completed form and took steps to have form sent to ComSuper – decision set aside and substituted.
Bergin and Repatriation Commission  AATA 224; 15/4/2015; Senior Member N Isenberg
VETERANS' AFFAIRS – Widow's pension – whether Applicant and veteran in de facto relationship – no joint financial interests – some sharing of household responsibilities – lived together and had sexual relationship – conducted themselves as couple – veteran did not hold himself out as de facto – mixed reaction of family and friends – no de facto relationship – decision under review affirmed
Kermode and Repatriation Commission  AATA 234; 17/4/2015; Senior Member NA Manetta
Veterans' Entitlements Act 1986 – preliminary question concerning date of payment of benefit - previous claims - no power to backdate pension to date of earlier finally determined claim
Schmidt and Repatriation Commission  AATA 229; 17/4/2015; Senior Member N Isenberg
Entitlements – Anxiety disorder – Alcohol dependence – Whether veteran’s condition was war-caused – Decision under review affirmed