Title: AAT Bulletin Issue No. 3/2014, 28 January 2014
Author: AAT
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin

Issue No. 3/2014	28 January 2014
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions. The Bulletin occasionally includes information on legislative changes that affect the AAT and other important developments.  
It is recommended that the Bulletin be read on-line. This has the advantage of allowing the reader to use hyperlinks to access the full text of cases and other internet sites mentioned in the Bulletin. 
The AAT does not make any representation or warranty about the accuracy, reliability, currency or completeness of any material contained in this Bulletin or on any linked site. While the AAT makes every effort to ensure that the material in the Bulletin is accurate and up-to-date, you should exercise your own independent skill and judgement before you rely on it. Information contained in this Bulletin is not legal advice and is intended as a general guide only.  You should rely on your own advice or refer to the full cases and legislation in relation to any proceedings.
Enquiries regarding this publication may be directed to aatweb@aat.gov.au. 
Contents
AAT Recent Decisions
Compensation
Immigration and Citizenship
Practice and Procedure
Social Security
Taxation
Appeals
Appeals lodged
Appeals finalised
Statements of Principles
Amended Statements of Principles

AAT Recent Decisions
This section of the Bulletin provides information about decisions recently published by the AAT.  Only AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.  
Compensation
Connors and Australian Postal Corporation [2014] AATA 27; 22/1/2014; Deputy President SD Hotop
Employee of licensed corporation – Applicant suffered knee strain in performance of employment duties in August 2006 (2006 injury) – Respondent accepted liability to pay compensation for 2006 injury – applicant suffered exacerbation of knee pain in performance of employment duties in June 2009 (2009 injury) – Respondent accepted liability to pay compensation for 2009 injury – Respondent ceased payment of compensation for 2006 injury in September 2006 – Respondent ceased payment of compensation for 2009 injury in April 2012 – Respondent continued to be liable to pay compensation for medical treatment for 2006 injury from September 2006 to June 2009 – Respondent continued to be liable to pay compensation for medical treatment and for incapacity for work in respect of 2009 injury from April 2012 to date – Decisions under review set aside
Smith and Comcare [2014] AATA 28; 22/1/2014; Senior Member RG Kenny
Osteoarthritis of right hip – Decision to reject the claim upheld by Tribunal at first hearing – Appeal to Full Federal Court allowed and matter remitted to Tribunal – No material contribution by employment as meat inspector – Decision affirmed
Immigration and Citizenship
Cronin and Minister for Immigration and Border Protection [2014] AATA 29; 23/1/2014; Deputy President SD Hotop
Bridging visa – Refusal to grant – Applicant a citizen of Ireland – Applicant sentenced to 4 years’ imprisonment in Ireland for offence committed in 2002 – Applicant arrived in Australia in 2009 – applicant convicted of offences in Australia in 2010–2013 for which fined and not sentenced to imprisonment – Applicant's visa expired in 2011 – Applicant does not pass character test – Discretion to refuse visa – Best interests of children and other relevant considerations outweigh protection of Australian community – Risk of future harm to Australian community by applicant not unacceptable – Preferable decision is that visa not be refused – Decision under review set aside
L and Minister for Immigration and Border Protection [2014] AATA 3; 7/1/2014; Senior Member PW Taylor SC
Visa cancellation – Failure to pass character test – Substantial criminal record – Discretion to cancel applicant's visa – Ministerial Direction No 55 applied – Protection of the Australian community – Seriousness and nature of the relevant conduct – The risk conduct may be repeated – Impact of the cancellation – Decision under review affirmed

Luy and Minister for Immigration and Border Protection [2014] AATA 23; 21/1/2014; Senior Member GD Friedman
Cambodian citizen – Cancellation of partner visa – Convictions for sexual offences – Character test – Exercise of discretion – Decision under review affirmed
Practice and Procedure
Austin and Commonwealth Bank of Australia [2014] AATA 21; 20/1/2014; Senior Member J Toohey
COMPENSATION – Whether application for compensation valid – Whether application for review frivolous or vexatious – Whether discontinued application should be reinstated – Application to dismiss as vexatious or frivolous refused
Byrnne and District Registrar, Administrative Appeals Tribunal [2014] AATA 26; 22/1/2014; Deputy President PE Hack SC
Fee reduction – Whether financial hardship – Non–earning applicant maintained by earning spouse – Lack of information of financial situation of spouse – Decision affirmed
Maksymiuk and Minister for Foreign Affairs [2014] AATA 24; 21/1/2014; Senior Member BJ McCabe
PASSPORTS – Application for a passport – Incomplete form – Rejection of application – Internal review required – Jurisdiction of the Tribunal – Application dismissed
Maksymiuk and Secretary, Department of Social Services [2014] AATA 25; 21/1/2014; Senior Member BJ McCabe
SOCIAL SECURITY – Pensions, benefits and allowances – Jurisdiction of the Tribunal – Social Security Appeals Tribunal must first review decisions – Application dismissed
Matias and Secretary, Department of Social Services [2013] AATA 955; 18/12/2013; Senior Member GD Friedman
SOCIAL SECURITY – Extension of time to lodge application for review – Application refused
Singh and Secretary, Department of Social Services [2013] AATA 954; 19/12/2013; Deputy President JW Constance
SOCIAL SECURITY – Jurisdiction – Frivolous and vexatious application – Rights of appeal exhausted – Tribunal has no power to review its own decisions – Direction requiring applicant to seek leave is not discharged or varied – No jurisdiction – Application dismissed
Social Security
Lewis and Secretary, Department of Social Services [2014] AATA 31; 24/1/2014; Deputy President RP Handley
Baby Bonus – Eligibility – Australian resident – Whether the Applicant resided in Australia at the relevant time – Relevance of intention to return to Australia – Applicant resided in the United Kingdom during the relevant period – Decision under review affirmed  
Vendrell and Secretary, Department of Social Services and Anor [2014] AATA 22; 21/1/2014; Senior Member J Toohey
Family tax benefit – Shared care – Whether percentage of care to be assessed by reference to nights in care or hours of care – Tribunal satisfied hours in care more accurately reflects actual care – Decision under review set aside – Matter remitted for calculation of FTB entitlement
Yates and Secretary, Department of Social Services [2014] AATA 20; 20/1/2014; The Hon RJ Groom AO, Deputy President
Disability support pension – Rotator cuff tear/arthritis/depression – Whether the conditions attract 20 points under the Impairment Tables – Attract 15 points only – Applicant not qualified for disability support pension – Decision under review affirmed
Taxation
Confidential and Commissioner of Taxation [2014] AATA 32; 24/1/2014; Deputy President SA Forgie
Assessment of income and penalties – Partnership loss claimed in respect of managed investment scheme disallowed – Loss claimed in return lodged by tax agent and refund paid to nominated bank account – Audit – Amended assessments – Whether return lodged without taxpayer’s authority – Whether amended assessments made within time – Whether properly served – Whether Commissioner estopped from amending assessments by representations made by ATO officers – Decisions affirmed

Appeals 
This section of the Bulletin provides information about appeals against AAT decisions that have been lodged or finalised.  Only appeals in relation to AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.  
Appeals lodged
CASE NAME | AAT reference
Commissioner of Taxation v Desalination Technology Pty Ltd | [2013] AATA 846
Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs | [2013] AATA 945
Tarrant v Australian Securities and Investments Commission | [2013] AATA 926
Australian Postal Corporation v Edwards | [2013] AATA 874
Ralph v Repatriation Commission | [2013] AATA 948
Appeals finalised
CASE NAME | AAT reference | court Reference
None finalised | |

Statements of Principles
This section of the Bulletin provides information on recent developments in relation to Statements of Principles made by the Repatriation Medical Authority for the purposes of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. 
Amended Statements of Principles
The Tribunal has been advised that the following instrument amending the Statement of Principles for the specified condition has been made at the direction of the Specialist Medical Review Council. It took effect on 19 December 2013.
Posttraumatic stress disorder – No. 19 of 2014
http://www.comlaw.gov.au/Details/F2014L00066

© Commonwealth of Australia 2014

With the exception of the Commonwealth Coat of Arms and any third party material, this work is licensed under a Creative Commons Attribution 3.0 Australia Licence.  Content from this publication should be attributed as: Administrative Appeals Tribunal, AAT Bulletin.
To the extent that copyright subsists in third party material, it remains with the original owner and permission may be required to reuse the material.
The terms under which the Coat of Arms can be used are detailed on the following website: http://www.itsanhonour.gov.au/coat-arms/. 
Enquiries regarding the licence are welcome at aatweb@aat.gov.au. 
This licence is limited to the AAT Bulletin and does not extend to the full text of AAT decisions.  Separate licence terms for AAT decisions can be found on AustLII.  Those terms provide that section 182A of the Copyright Act 1968 applies.

AAT Bulletin		 issue 3/2014 aat