Issue No. 10/2013	11 March 2013
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.  
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Contents

Statements of Principles
New Statements of Principles
Amended Statements of Principles
AAT Recent Decisions
Defence
Immigration and Citizenship
Practice and Procedure
Social Security
Taxation
Appeals
Appeals lodged
Appeals 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. 
New Statements of Principles
The Tribunal has been advised that the Repatriation Medical Authority has made the following new Statements of Principles.  They take effect from 13 March 2013.
Polycythaemia vera – No. 11 of 2013
Polycythaemia vera – No. 12 of 2013
Seborrhoeic dermatitis – No. 13 of 2013
Seborrhoeic dermatitis – No. 14 of 2013
Essential thrombocythaemia – No. 15 of 2013
Essential thrombocythaemia – No. 16 of 2013
Primary myelofibrosis – No. 17 of 2013
Primary myelofibrosis – No. 18 of 2013
Amended Statements of Principles
The Tribunal has been advised that the Repatriation Medical Authority has made the following instruments amending the Statements of Principles for the specified conditions.  They take effect from 13 March 2013.
Hypopituitarism – No. 19 of 2013
Hypopituitarism – No. 20 of 2013

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.  
Defence
Howie and Commonwealth Superannuation Corporation [2013] AATA 114; 1/3/2013; Deputy President SD Hotop
Defence Force Retirement and Death Benefits Scheme (DFRDBS) – Military Superannuation and Benefits Scheme (MSBS) – Applicant retired from Australian Regular Army in July 2010 – Applicant a recipient member of DFRDBS – Applicant a member of Army Reserve – Applicant undertook to render continuous full-time service (CFTS) with Australian Regular Army from 8 November 2011 to 7 March 2012 – Applicant resumed CFTS on 8 November 2011 – Applicant elected in writing not to become member of MSBS before 8 November 2011 – Applicant did not communicate election to respondent before resuming CFTS on 8 November 2011 – Applicant became member of MSBS on 8 November 2011 – Applicant continued to receive retirement pay under DFRDBS in period from 8 November 2011 to 23 February 2012 – Retirement pay under DFRDBS not payable to applicant in that period – Amount of retirement pay under DFRDBS paid to applicant in that period recoverable by respondent – Decision under review affirmed
Immigration and Citizenship
Tokorua Pareina and Minister for Immigration and Citizenship [2013] AATA 115; 5/3/2013; Deputy President RP Handley
Visa cancellation – Direction No 55 – Character test – Substantial criminal record – Primary considerations – Other considerations – Decision under review set aside and substituted
Practice and Procedure
Liu and Australian Securities and Investments Commission [2013] AATA 117; 6/3/2013; Professor R Deutsch, Deputy President
Interlocutory application – Corporations – Australian Securities and Investment Commission − Stay of decision and confidentiality orders – Whether desirable to grant stay order and confidentiality order – Stay and confidentiality orders refused
Social Security
Taylor and Secretary, Department of Education, Employment and Workplace Relations [2013] AATA 119; 6/3/2013; Ms K Hogan, Member
Parenting payment – Overpayment of parenting payment – Debt due to commonwealth as a result of overpaid parenting payment – Failure to advise of a change of circumstances –  Tribunal unable to waive debt pursuant to section 1237a of the Social Security Act – Whether applicant knowingly made false statement or false representation or failed or omitted to comply with the requirements of the Social Security Act and the Social Security (Administration) Act – Whether special circumstances exist in respect to the applicant – Tribunal unable to waive or write off the debt under section 1236 or 1237aad of the Social Security Act – Decision under review set aside and remitted for further consideration
Taxation
Picton Finance Limited and Commissioner of Taxation [2013] AATA 116; 5/3/2013; Senior Member PW Taylor SC
Income tax – Share trading by company incorporated in Vanuatu – On and off market transactions – Onus of proof – Cost of and proceeds from sales of shares – Time at which shares came to be held as trading stock – Election of value of trading stock – timing of election – Whether income from share trading derived from an Australian source – Penalty – Decision in respect to the 2007 tax year is set aside and remitted and the decision in respect to the 2008 tax year is 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 Dowling	[2013] AATA 49	
Appeals finalised

CASE NAME	AAT reference	court Reference	
Abel v Secretary, Department of Education, Employment and Workplace Relations	[2012] AATA 155
	[2013] FMCA 124
	
Minister for Immigration and Citizenship v Shume	[2012] AATA 465	[2013] FCA 158	
Rawson Finances Pty Ltd v Commissioner of Taxation	[2011] AATA 628	[2013] FCAFC 26
[2012] FCA 753	

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