Title: Sydney
Author: Maltby, Charles
Last saved by: Davidson, Susan
Company: ZOO Communications

AAT Bulletin

Issue No. 24/2014	23 June 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
Education
Immigration and Citizenship
National Disability Insurance Scheme
Practice and Procedure
Small Taxation Claims
Social Security
Taxation
Appeals
Appeals lodged
Appeals finalised
Jurisdiction and legislative changes
Biennial fee increase on 1 July 2014

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
Carbone and Comcare [2014] AATA 376; 16/6/2014; Senior Member RM Creyke
Commonwealth employee – accepted back condition – whether suffered psychiatric injury secondary to accepted injury – whether suffered aggravation of injury in March 2013 – whether hours of work under return to work program were reasonable – whether reasonable excuse not to undertake return to work program – whether continues to suffer the effects of compensable injury – whether suffered aggravation of her psychiatric disorder – decisions under review affirmed
Dunkerley and Comcare [2014] AATA 381; 18/6/2014; Mr S Webb, Member
Accepted psychological injury – subsequent aggravation injury claim rejected – cessation of entitlement to compensation for incapacity for work and medical treatment – incapacity for work not as a result of accepted injury – medical treatment not obtained in relation to accepted injury – decision affirmed
Sandford and Linfox Australia Pty Ltd [2014] AATA 375; 16/6/2014; Deputy President RP Handley
Back injury – whether continues to suffer the effects of the injury – whether frank injury or aggravation of a pre–existing degenerative condition
Treatment reasonable for an employee to obtain in the circumstances – spinal fusion – need for further investigations and assessments
Education
Williams Business College Ltd and Minister for Education and Anor [2014] AATA 371; 12/6/2014; Senior Member AK Britton
Education providers – Registration of college as Higher Education Provider – Conditions imposed upon registration – Whether Education Provider continues to meets the Threshold Standards – Date of effect of decision
Immigration and Citizenship
Gage and Minister for Immigration and Border Protection [2014] AATA 373; 13/6/2014; Deputy President JW Constance
Application for citizenship by conferral – spouse of an Australian citizen – general residence requirement – close and continuing association with Australia – decision under review affirmed
Jopson and Minister for Immigration and Border Protection [2014] AATA 380; 17/6/2014; Dr P McDermott RFD, Senior Member
Application for citizenship by conferral – Whether applicant meets residence requirements – Applicant not a permanent resident at date of application – Decision under review affirmed
Le and Minister for Immigration and Border Protection [2014] AATA 382; 18/6/2014; Senior Member E Fice
Application for Australian citizenship – General residence requirement – Exercise of the discretion under s 22(9) of the Australian Citizenship Act 2007 – Close and continuing association with Australia – Section 22(2)(g) requirements – Applicant is the de facto partner of an Australian citizen – Overseas absence as a result of accompanying an Australian citizen – decision set aside and remitted
National Disability Insurance Scheme
Mulligan and National Disability Insurance Agency [2014] AATA 374; 13/6/2014; Senior Member J Toohey and Professor R McCallum, Member
Access criteria – whether applicant meets disability requirements – ischaemic heart disease – cardiomyopathy – Conn’s Syndrome – ruptured discs in lower back – whether impairments substantially reduce functional capacity – whether impairments affect applicant’s capacity for social and economic participation – whether applicant likely to require support under the NDIS for his lifetime – decision under review affirmed
Practice and Procedure
Kennedy and Comcare [2014] AATA 369; 11/6/2014; Mr S Webb, Member
Summons – objection – legitimate forensic purpose – fishing expedition – adjectival relevance
Ng and Australian Health Practitioner Regulation Agency [2014] AATA 377; 4/6/2014; Deputy President K Bean
Jurisdiction – Respondent notified applicant that it had no power to review allegations of misconduct made by the applicant against certain medical practitioners and bodies – No provision which confers jurisdiction on Tribunal to review respondent's "decision" or applicant's allegations of misconduct – Tribunal does not have jurisdiction
Small Taxation Claims
Ford and Commissioner of Taxation [2014] AATA 361; 27/5/2014; Deputy President SE Frost
Income tax – allowable deductions – travel expenses – train guard – transport of materials between home and work – whether materials bulky and essential to income generating activity – whether secure environment provided – whether personal choice involved – decision under review affirmed
Social Security
Dean and Secretary, Department of Social Services [2014] AATA 386; 20/6/2014; Ms S Taglieri, Member
Cancellation of DSP following review – Right leg injury, hypertension, diabetes, and other conditions not regarded permanent – Impairment points available under Impairment Tables operating after 1.1.12 – Whether residency requirement satisfied – Decision under review affirmed
Hares and Secretary, Department of Social Services [2014] AATA 389; 20/6/2014; Deputy President RP Handley
Compensation preclusion period – whether special circumstances to treat part of the compensation payment as not having been made – financial hardship – applicant spent a large portion of the compensation payment on a house – visual impairment – no special circumstances – decision affirmed
Ireland and Secretary, Department of Social Services [2014] AATA 383; 5/6/2014; Senior Member RW Dunne
Pensions, benefits and allowances – whether applicant medically qualifies to receive disability support pension – whether impairment rating of 20 points or more exists under the Impairment Tables – Job Capacity Assessment, Functional Capacity Evaluation, report of medical adviser from Health Professional Advisory Unity – applicant travelled to Cambodia – decision made that applicant was no longer qualified for disability support pension – decision under review affirmed
Paxton and Secretary, Department of Social Services and Anor [2014] AATA 387; 20/6/2014; Dr M Denovan, Member
Family Tax Benefit – Shared care of children – Percentage of care – Decision set aside and substituted
Smith and Secretary, Department of Social Services [2014] AATA 379; 17/6/2014; Mr S Webb, Member
Disability Support Pension claims – Qualification Periods – impairments – impairment points – qualification requirements not satisfied – decision affirmed
Van den Berg and Secretary, Department of Social Services [2014] AATA 378; 17/6/2014; Mr C Ermert, Member
Age pension – Australian resident – ceases to be an Australian resident – leaves Australia before two years – age pension not payable – duty of care – claim for defective administration – decision affirmed
Taxation
Advent 7 Pty Ltd and Commissioner of Taxation [2014] AATA 365; 10/6/2014; Professor R Deutsch, Deputy President
Goods and Services Tax – Applicant claimed Input Tax Credits on Business Activity Statements – Whether claims for Input Tax Credits can be substantiated – Whether penalties should be imposed for recklessness
Ogden and Commissioner of Taxation [2014] AATA 385; 20/6/2014; Senior Member G Ettinger
Deductibility of items claimed – difficulties with substantiation – objection decision varied

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
Tran v Minister for Immigration and Border Protection & AAT | [2012] AATA 384
Commissioner of Taxation v Qantas Airways Limited | [2014] AATA 316

Appeals finalised
CASE NAME | AAT reference | court Reference
Plaintiff S288/2013 v Minister for Immigration and Border Protection & AAT | [2012] AATA 368 | [2014] HCATrans 118
Repatriation Commission v Holden | [2013] AATA 778 | [2014] FCA 605
Summers v Repatriation Commission | [2013] AATA 439 | [2014] FCA 608

Salahuddin v Minister for Immigration and Border Protection & AAT

[2013] AATA 1

[2014] HCASL 107
[2013] FCAFC 141
[2013] FCA 588

Clement v Comcare | [2013] AATA 638 | [2014] FCA 654

Jurisdiction and legislative changes
This section of the Bulletin provides a summary of legislative changes that affect the AAT, including changes to the AAT’s jurisdiction to review decisions.  Information about the AAT’s jurisdiction can also be found on the AAT website.
Biennial fee increase on 1 July 2014
The Tribunal’s fees are revised every two years in accordance with regulation 19A of the Administrative Appeals Tribunal Regulations 1976 to take into account changes in the Consumer Price Index.
Fees that are payable when lodging certain applications with the Tribunal will increase on 1 July 2014 to:
•	$861 for standard applications, and
•	$85 for applications in the Small Taxation Claims Tribunal.
There will be no change to the $100 reduced fee that is payable in some circumstances, or the circumstances where no fee is payable.
For more information, visit the fees section on our website or call us on 1300 366 700.

© 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 24/2014 aat