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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Azary and National Australia Bank Limited  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  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  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  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  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
Chang and Migration Agents Registration Authority  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  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
Confidential and Child Support Registrar and Anor  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  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
Legro and Secretary, Department of Social Services  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  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  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  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.
Cleary and Tax Practitioners Board  AATA 218; 3/4/2014; Senior Member AF Cunningham
Suspension of registration – Stay order of Tax Practitioner Board set aside
Ferdinands and Repatriation Commission  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  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.