Title: AAT Bulletin Issue No. 17/2015 27 April 2015
Author: AAT
Last saved by: Novello, Mary
Company: Administrative Appeals Tribunal

AAT Bulletin

Issue No. 17/2015	27 APRIL 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
Defence
Social Security
Superannuation
Taxation
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
Hand and Comcare [2015] AATA 238; 21/4/2015; Senior Member E Fice
Particular injuries, diseases and disabilities – Mental and nervous disorders – Entitlement to compensation – Exclusions – Stress injuries resulting from reasonable administrative action by employer – Decision under review affirmed
Parr and Military Rehabilitation and Compensation Commission [2015] AATA 239; 22/4/2015; Dr M Denovan, Member
Entitlements – Dependants – Eligible Young Person Payment – Whether dependant was an “eligible young person” at the time the veteran became eligible for 80 impairment points – Dependant no longer an “eligible young person” at the time of veteran’s eligibility – Decision under review affirmed
Defence
Kann and Secretary, Department of Defence [2015] AATA 249; 8/4/2015; Deputy President 
PE Hack SC
Defence Home Ownership Assistance Scheme – applicant serving officer in Naval Reserve – transition of entitlements – whether applicant entitled to continuation of subsidy payments – maximum subsidy period exhausted – decision under review affirmed
Social Security
Brodie and Secretary, Department of Social Services [2015] AATA 242; 23/4/2015; Senior Member BJ McCabe
Disability support pension – 13-week assessment period – application of ‘medical criteria’ – no impairment points attributed to clinical depression – chronic fatigue syndrome and fibromyalgia not fully diagnosed, treated and stabilised – decision under review affirmed.
Cropp and Secretary, Attorney-General’s Department [2015] AATA 246; 24/3/2015; 
Professor R McCallum AO, Member
Australian victims of terrorism overseas payment – residence requirement – decision affirmed
Koden and Secretary, Department of Social Services [2015] AATA 236; 20/4/2015; 
Mr C Ermert, Member
Disability support pension – whether the Applicant’s impairment attracts 20 points – decision affirmed
Masri and Secretary, Department of Social Services and Anor [2015] AATA 241; 23/4/2015; Senior Member PW Taylor SC
Family Tax Benefit – whether there has been a change to care percentages such that earlier percentages should be revoked and new percentages determined – whether Applicant satisfies 35 percent care threshold to satisfy FTB child criterion – whether Applicant had nil percentage of care for children from 22 April 2012 – whether Applicant overpaid FTB – repayment of FTB debt – no special circumstances exist – decision affirmed
Pavilupillai and Secretary, Department of Employment and Anor [2015] AATA 240; 18/3/2015; Senior Member E Fice
Pensions, payments and allowances – Newstart allowance – Rules for determining rates and payments – Assets test – Disposal of assets – Applicant exceeded assets value limit – Disability support pension – Impairment assessment – Insufficient impairment points allocated to applicant’s conditions – decisions under review affirmed
Superannuation 
McDonald and Commonwealth Superannuation Corporation [2015] AATA 237; 21/4/2015; Dr J Popple, Senior Member
Defence Force Retirement and Death Benefits Scheme – member resumed continuous full time service – whether member made an election to remain in DFRDB scheme – requirements to make election – member completed form and took steps to have form sent to ComSuper – decision set aside and substituted
Taxation
Applicant 6115 of 2013 and Commissioner of Taxation [2015] AATA 244; 23/4/2015; Senior Member CR Walsh
INCOME TAX – capital gains tax – property rezoned from "Rural" to "Special Rural", subdivided and sold – whether applicant's capital gain for 2007 year should be offset by carried forward capital losses – whether applicant’s capital gain for 2009 year should be reduced as a result of increase in cost base of CGT asset – whether applicant should be allowed deductions for interest, land tax, council rates incurred in prior income years – whether "intention" of taxpayer to use property acquired for turkey farming business changed – objection decision 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
None lodged |
Appeals finalised
CASE NAME | AAT reference | court Reference
None finalised | |

© Commonwealth of Australia 2015

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AAT Bulletin		 issue 17/2015 aat

AAT Bulletin		 issue17/2015 aat