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 24 May 2012.
Previous weeks' decisions are also available at AustLII.
Child Support | Compensation | Freedom of Information | Health and Community Services | Immigration and Citizenship | 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
Compensation
Fernandez and Telstra Corporation Limited [2012] AATA 310; Senior Member AK Britton, Dr I Alexander, Member
Incapacity - liability - applicant’s depressive symptoms not contributed to, to a “significant degree”, by employment as depressive symptoms a negative feature of applicant’s schizophrenia - applicant incapacitated for work “as a result of” back injuries - substantial contribution of later back injury not incompatible with finding that original back injuries materially contributed to incapacity - additional evidence required to determine suitable employment - remitted
James and Comcare [2012] AATA 309; 22/5/2012; Senior Member N Isenberg
Permanent impairment - industrial deafness related to industrial noise - whether Applicant sustained the injury in accordance with ss 4, 6 and 7 of the Safety, Rehabilitation and Compensation Act 1988 - decision under review affirmed
Moss and Military Rehabilitation and Compensation Commission [2012] AATA 301; 18/5/2012; Senior Member KS Levy RFD, Dr GJ Maynard, Brigadier (Rtd), Member
Exposure to benzene during RAAF service - Chronic lymphocytic leukaemia - Statutory presumption that disease service caused - Reverse onus of proof - No significant nexus of causation between chronic lymphocytic leukaemia and benzene exposure - Decision under review affirmed
Saulys and Australian Postal Corporation [2012] AATA 304; 18/5/2012; Deputy President SD Hotop, Dr J Chaney, Member
Employee of licensed corporation - applicant claimed compensation in February 2009 for back injury claimed to have been suffered in November 2007 - respondent denied liability in respect of applicant’s claim for compensation - applicant did not suffer compensable back injury in November 2007 - decision under review affirmed
Freedom of Information
Apache Energy Pty Ltd and Chief Executive Officer of the National Offshore Petroleum Safety and Environmental Management Authority and Winestock [2012] AATA 298; 17/5/2012; Deputy President SA Forgie
Application to be made a party identifying those who are parties to the proceeding for review by the Tribunal - if not party as of right, consideration of relevant principles - order made joining party
Identifying decision under review - whether reference made to decision of Information Commissioner or operative decision - agency’s obligations to lodge T documents does not extend to those in possession of Information Commissioner
Apache Energy Pty Ltd and National Offshore Petroleum Safety and Environmental Management Authority and Lander & Rogers Lawyers [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
Health and Community Services
Dunsdon and Australian Community Pharmacy Authority and Anor [2012] AATA 307; 22/5/2012; Deputy President PE Hack SC
Pharmaceutical Benefits Scheme - proposed premises to supply - statutory criteria - catchment area population - reasonable and practical option for ordinary residents - insufficient resident population - decision affirmed.
Immigration and Citizenship
Drdacka and Minister for Immigration and Citizenship [2012] AATA 299; 18/5/2012; Ms R Perton, Member
Application for citizenship by conferral - permanent resident - overseas at time of application - general residence requirement - lack of discretion - decision affirmed.
FTZK and Minister for Immigration and Citizenship [2012] AATA 312; 23/5/2012; Deputy President JW Constance
Protection (Class XA) visa - Migration Act 1958 (Cth) - United Nations 1951 Convention Relating to the Status of Refugees - Article 1F - Article 1F(b) - whether there are serious reasons for considering that the applicant committed the crime or crimes alleged - decision under review affirmed.
Miller and Minister for Immigration and Citizenship [2012] AATA 303; 18/5/2012; Deputy President PE Hack SC
Visa refusal and cancellation - criteria - substantial criminal record - risk of harm to community from re-offending - accept more risk where part of the Australian community - interests of children - decision set aside and substituted
Practice and Procedure
Ryan and Deputy Registrar, Administrative Appeals Tribunal [2012] AATA 302; 18/5/2012; Senior Member JF Toohey
Fee reduction - application for review of decision - whether payment of application fee would cause financial hardship - no income - few assets - debt - decision under review set aside
Social Security
Trapp and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 300; 18/5/2012, Deputy President PE Hack SC
Pensions, Benefits and Allowances - workplace accident - compensation paid - precluded from receiving benefits - calculation undertaken in accordance with act - no special circumstances - decision affirmed.
WVXS and Secretary, Department of Education, Employment and Workplace Relations and Anor [2012] AATA 311; 23/5/2012; Deputy President JW Constance
Disability Support pension - Newstart allowance - member of a couple - decision under review set aside
Superannuation
Salton and Commonwealth Superannuation Corporation [2012] AATA 305; 21/5/2012; Senior Member RM Creyke
Beneficiary - commonwealth superannuation scheme - spouse benefit Widow - marital or couple relationship - whether separation due to illness - whether marital relationship would exist but for illness - Delusional Disorder (Persecutory Type) - Schizophrenia - Alcohol Dependence with Physiological Dependence - American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders IV - decision under review is affirmed
Veterans' Affairs
Richards and Repatriation Commission [2012] AATA 308; 22/5/2012; Senior Member RG Kenny
Veterans’ Entitlements - Eligible war service with Australian Army - Application of Statement of Principles - Diagnosis of osteoarthritis of knees - Clinical onset of osteoarthritis of the knees - Reasonably satisfied that osteoarthritis of the knees is attributable to eligible war-service - Decision under review set aside - Matters of assessment and date of effect remitted to Repatriation Commission.
Skipworth and Repatriation Commission [2012] AATA 306; 21/5/2012; Senior Member K Bean
Whether veteran entitled to special rate of pension - Whether veteran ceased remunerative work by reason of war-caused incapacity alone - Veteran resigned before knee operations but was unable to return to work thereafter - Resignation premature but did not affect ultimate outcome - Alone test satisfied - Decision under review set aside.