Title: AAT Bulletin Issue No 29/2013, 22 July 2013
Author: AAT
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin
Issue No. 14/2013	22 July 2013

AAT Bulletin
Issue No. 29/2013	22 JULY 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.  
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
Veterans' Affairs
Appeals Finalised
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
Catoni and John Holland Group Pty Ltd [2013] AATA 509; 18/7/2013; The Hon R Nicholson, Deputy President
Workers’ compensation – Claim for injury to back – Acceptance of knee injury – Acceptance of back injury for stated periods – Subsequent further diagnosis of back injury – Absence of certificates of a legally qualified medical practitioner for periods covered by new diagnosis– Whether claim deemed not to have been made – Decision under review affirmed
Commonwealth of Australia and Comcare and Anor [2013] AATA 503; 16/7/2013; Deputy President PE Hack SC
Injury – Adjustment disorder – Injury suffered as result of reasonable administrative action taken in reasonable manner in respect of applicant’s employment – Decision under review set aside and substituted – Initial determination affirmed
Vittiglia and John Holland Pty Ltd [2013] AATA 493; 12/7/2013; Deputy President SD Hotop
Employee of licensed corporation – Applicant suffered compensable mental injury in March 2011 – Respondent liable to pay compensation to applicant for incapacity for work to 26 June 2012 – Applicant did not provide workers' compensation medical certificate from 27 June 2012 – Applicant not incapacitated for work as result of injury from 27 June 2012 – Applicant able to earn in suitable employment – Respondent not liable to pay compensation to applicant for incapacity for work from 26 June 2012 – Decision under review affirmed
Immigration and Citizenship
Lefau and Minister for Immigration and Citizenship [2013] AATA 497; 15/7/2013; Dr P McDermott RFD, Senior Member
Australian citizenship – Adoption – Parent British subject – International convention on intercountry adoption – Not convention country – No adoption compliance certificate – Decision under review affirmed
Rodrigueza and Minister for Immigration and Citizenship [2013] AATA 508; 19/7/2013; Senior Member N Isenberg
Refusal to grant citizenship – Applicant between 16 and 18 years of age – Australian Citizenship Instructions – Applicant does not meet residency requirements – Whether applicant suffering significant hardship or disadvantage by being denied citizenship – Personal wants do not constitute hardship – Circumstances not very unusual or exceptional – Decision under review is affirmed
Uta and Minister for Immigration and Citizenship [2013] AATA 498; 15/7/2013; Dr P McDermott RFD, Senior Member
Citizenship application − Intercountry adoption − One adoptive parent Australian − Adoption not in accordance with Hague Convention − Convention country − Decision under review affirmed
Practice and Procedure
Arifin and Decision Maker [2013] AATA 502; 15/7/2013; Senior Member JF Toohey
Jurisdiction – Claim for compensation for discrimination on the ground of disability – No reviewable decision – The Tribunal does not have jurisdiction to hear the application
Social Security
Acheson and Secretary, Department of Education, Employment and Workplace Relations [2013] AATA 500; 15/7/2013; Deputy President RP Handley
Benefits and entitlements – newstart allowance – Applicant member of homeowner couple – Whether newstart allowance payable to applicant − Whether value of applicant and partner’s combined assets exceeded the asset value limit – Decision under review affirmed
Augustynski and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 507; 18/7/2013; Dr P McDermott RFD, Senior Member
Pensions, benefits and allowances – Disability support pension – Physical, intellectual or psychiatric impairment – Impairment rating of 20 points or more required – Impairment Tables – Decision under review affirmed
Crickmore and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 495; 15/7/2013; Dr I Alexander, Member
Pensions, benefits and allowances – Disability support pension – Qualification – Whether applicant’s impairment rating was at least 20 points within period of assessment – Impairments not able to be rated as conditions are not fully diagnosed, treated and stabilised – Decision under review affirmed
Hillam and Secretary, Department of Education, Employment and Workplace Relations [2013] AATA 505; 17/7/2013; Senior Member RW Dunne
Pensions, benefits and allowances – Workplace injury – Compensation – Preclusion period as a result of lump sum compensation payment – All compensation monies expended – Whether special circumstances exist to warrant treating all or part of the lump sum compensation as not having been made – Special circumstances found not to exist – Decision under review affirmed
Soames and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 473; 8/7/2013; Senior Member AK Britton
Pensions, benefits and allowances – Disability support pension – Assets test – Disposal of assets – Whether the Applicant received no or inadequate consideration – Financial hardship – Unrealisable asset – Decision affirmed
Debt recovery – Whether the debt can be waived on account of sole administrative error – Whether the debt can be written off – Special circumstances – Decision affirmed
Debt – Re-crediting of moneys already recovered for a debt – No power – Decision affirmed
Low income health care card – Assets test – Decision affirmed
Special benefit – Assets test – Decision affirmed
Taxation
AJJJ’s Emporium Pty Ltd and Commissioner of Taxation [2013] AATA 501; 16/7/2013; Dr G Hughes
Administrative penalty – Recklessness – Applicant incorrectly claimed input tax credits in respect of goods not yet manufactured or delivered – Mitigation not warranted on the facts – Decision under review affirmed
Boyd and Commissioner of Taxation [2013] AATA 494; 12/7/2013; Senior Member E Fice
Assessable income – Employment termination payment – Exempt income – Ordinary income – Statutory income – Liability to tax – Eligible termination payment – Resident or resident of Australia – Exempt non-resident foreign termination payment – Termination of employment – Redundancy payment – Decision under review varied
Fay and Commissioner of Taxation [2013] AATA 504; 16/7/2013; Senior Member CR Walsh
Income tax – Jurisdiction of Tribunal – Applicant applied to Commissioner to be released from her income tax liability pursuant to Commissioner’s discretion – Applicant’s release application refused by Commissioner – Applicant’s objection disallowed by Commissioner − Whether Applicant would suffer “serious hardship” if required to pay her income tax liability – Meaning of “serious hardship” considered − Commissioner’s objection decision affirmed
Rod Mathiesen Truck Hire Pty Ltd as trustee for the Mathiesen Family Trust and Commissioner of Taxation [2013] AATA 496; 15/7/2013; Deputy President IR Molloy
Goods and services tax – Objection decision – Sale of property – Consideration – Vendor finance agreement – GST payable on full amount of consideration – Decision under review affirmed
The Taxpayer and Commissioner of Taxation [2013] AATA 448; 28/6/2013; Senior Member BJ McCabe
Fuel Tax Credits – Maintenance of accurate records – Taxpayer must establish correct position – Allocation of fuel consumption – Administrative penalty – Objection decisions under review affirmed
Veterans' Affairs
Fowler and Repatriation Commission [2013] AATA 499; 15/7/2013; Dr KS Levy RFD, Senior Member, and Dr M Sullivan, Member
Pensions and benefits – Disability pension – Special rate – Intermediate rate – Remunerative work – War-caused conditions “alone” – Period of remunerative work able to be performed – Loss of earnings – Not due to war caused conditions – Decision under review affirmed
Pfitzner and Repatriation Commission [2013] AATA 492; 12/7/2013; Deputy President K Bean
Veterans' entitlements − Rate of disability pension − Special and intermediate rates − Whether "alone test" satisfied − Availability of voluntary redundancy package contributed to veteran ceasing work when he did − Alone test not satisfied − Decision under review affirmed

Appeals Finalised
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
Conway v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs | [2013] AATA 403
Richmond v Repatriation Commission | [2013] AATA 421
Heiner v Minister for Immigration and Citizenship & AAT | [2012] AATA 933
Demillo v Minister for Immigration and Citizenship & AAT | [2012] AATA 805
Appeals finalised
CASE NAME | AAT reference | court Reference
Tsiamis v Comcare | [2013] AATA 319 | [2013] FCA 684
Williams v Minister for Immigration and Citizenship & AAT | [2013] AATA 16 | [2013] FCA 702

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 29/2013 aat

AAT Bulletin		 issue 18/10 aat
AAT Bulletin		issue 29/2013 aat