Title: AAT Bulletin Issue No. 12/2015 [RTF version]
Author: AAT
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin

Issue No. 12/2015	23 March 2015
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
Veterans' Affairs
Appeals
Appeals lodged
Appeals finalised

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
Hartas and Telstra Corporation Limited [2015] AATA 147; 13/3/2015; Dr J Popple, Senior Member 
Commonwealth employees – payment for permanent incapacity – payment adjusted for hours employee is able to earn – whether ability to earn affected by subsequent injury – compensation payable ‘as a result of an injury’ – ability to earn calculated but for subsequent injury – decision affirmed
Johns and Comcare [2015] AATA 164; 20/3/2015; Senior Member GD Friedman
Australian Taxation Office – Law Interpretation Specialist – depressive disorder – breach of code of conduct – whether applicant entitled to compensation for incapacity – whether injury occurred as a result of reasonable administrative action taken in a reasonable manner – whether aggravation of existing condition – decision under review affirmed
Immigration and Citizenship
FTZK and Minister for Immigration and Border Protection [2015] AATA 155; 18/3/2015; Deputy President SA Forgie
Remittal from High Court – Convention and Protocol relating to Status of Refugees – whether applicant excluded from its protection by Article 1F(b) – whether there are serious reasons for considering that applicant committed kidnap and murder – decision set aside
Practice and Procedure
Bennett and Ors and Commissioner of Taxation [2015] AATA 144; 28/1/2015; 
The Hon. B Tamberlin QC, Deputy President
Referral to Federal Court on question of law – whether question in the form of a special case – absence of findings or agreement on facts – application refused
De Los Santos-Aguilar and Migration Agents Registration Authority [2015] AATA 157; 19/3/2015; The Hon. B Tamberlin QC, Deputy President
Reinstatement – whether application for review was dismissed in error – whether discretion to reinstate application should be exercised – application reinstated
Social Security
Armao and Secretary, Department of Social Services [2015] AATA 146; 13/3/2015; 
Dr T Nicoletti, Senior Member
Pensions – disability support pension – cancellation – qualification for pension – whether the applicant’s impairment rating was 20 points or more – decision affirmed
Baumeister and Secretary, Department of Social Services [2015] AATA 149; 16/3/2015; Professor R McCallum AO, Member
Age pension – Pension Bonus Scheme – whether pension should be paid at single rate or member of a couple rate – member of a couple test – decision under review affirmed
Chattopadhyay and Secretary, Department of Social Services [2015] AATA 158; 19/3/2015; Senior Member JF Toohey
Social security – disability support pension – ulcerative colitis – diabetes mellitus – glaucoma – hypertension – cardiac disease – whether conditions fully diagnosed treated and stabilised – impairment ratings – program of support – active participation – exemptions – decision under review affirmed
Curtis-Smith and Secretary, Department of Social Services [2015] AATA 152; 17/3/2015; 
Dr T Nicoletti, Senior Member
Pensions – age pension – whether the applicant was required to be an Australian resident when he made a claim for age pension – whether applicant was an Australian resident – decision affirmed
Fidanza and Secretary, Department of Social Services [2015] AATA 150; 16/3/2015; 
Dr M Denovan, Member
Pensions, benefits and allowances – Disability support pension – DSP – 20 points or more under the Impairment Tables – Fibromyalgia – Decision under review affirmed
Kormali and Secretary, Department of Social Services [2015] AATA 154; 18/3/2015; Senior Member JF Toohey
Disability support pension – psychiatric impairment – evidence of serious impairment – whether fully diagnosed during claim period – whether fully treated and stabilised during claim period – decision under review affirmed
McMurray and Secretary, Department of Social Services [2015] AATA 159; 19/3/2015; 
Mr C Ermert, Member
Family assistance benefits – overpayment – debt owed to the Commonwealth – administrative error – debt attributable solely to error made by the Commonwealth – received in good faith – no financial hardship – no special circumstances – decision affirmed
Veterans' Affairs
Stewart and Repatriation Commission [2015] AATA 148; 13/3/2015; Dr P McDermott RFD, Senior Member
Widow’s pension – Reasonable hypothesis connecting death with service – Ischaemic heart disease – Hypertension – Hypothesis considered reasonable – Applicant entitled to widow’s pension – Decision set aside
 
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
Martin v Comcare | [2014] AATA 553
Appeals finalised
CASE NAME | AAT reference | court Reference
Sunesis Pharmaceuticals Inc & Millenium Pharmaceuticals Inc v Commissioner of Patents | [2013] AATA 858 | [2015] FCAFC 29

Summers v Repatriation Commission

[2013] AATA 439

[2015] FCAFC 36
[2014] FCA 608

Grabovsky v Secretary, Department of Social Services

[2014] AATA 522

[2015] FCA 244
[2014] FCA 1130

© Commonwealth of Australia 2015

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 12/2015 aat