Title: AAT Bulletin Issue 31/2013, 5 August 2013
Author: AAT
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin
Issue No. 14/2013	5 August 2013

AAT Bulletin
Issue No. 31/2013	5 AUGUST 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
Freedom of Information
Immigration and Citizenship
Social Security
Taxation
Trade and Commerce
Vocational Education and Training
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
Barrett and Australian Postal Corporation [2013] AATA 531; 30/7/2013; Senior Member BJ McCabe and Dr GJ Maynard, Brigadier (Rtd), Member
Australia Post employee – Liability for aggravated condition – Activity aggravating an underlying condition – Erosive arthropathy – Respondent liable – Decision set aside
Grace and Australian Postal Corporation [2013] AATA 529; 30/7/2013; Senior Member JF Toohey and Dr M Couch, Member
Postal services officer – Mail delivery – Cervical spine – Right shoulder – Severe widespread degenerative changes – Liability denied – Whether the applicant suffered an injury – Whether evidence of sudden or identifiable physiological change – Decision under review set aside
Melder and Comcare [2013] AATA 534; 31/7/2013; Deputy President JW Constance
Adjustment disorder with depression and anxiety – Whether employment contributed to a significant degree – Whether reasonable administrative action taken in a reasonable manner – Decision under review affirmed
Parker and Military Rehabilitation and Compensation Commission [2013] AATA 539; 2/8/2013; Senior Member RG Kenny
Military Compensation – Claims for “wrong glasses from the army” and “congenital protrusion both heels” – Alleged relationship to Army service occurring prior to commencement of Safety, Rehabilitation and Compensation Act 1988 (Cth) – Transitional provisions – Failure to give notice of accident as soon as practicable under Commonwealth Employees’ Compensation Act 1930 (Cth) – Commonwealth prejudiced by want of notice – Relevance of mistake for late notice and late claim – Relevance of ignorance about making a claim – No reasonable cause for late notice or late claim – Decision under review affirmed
Pickett and Comcare [2013] AATA 516; 23/7/2013; Deputy President SD Hotop
Commonwealth employees – Applicant employed by Australian Bureau of Statistics as urban collector July-September 2011 – Applicant suffered dog bite in course of employment – Dog bite a compensable injury – Applicant subsequently suffered slurred speech – Slurred speech not contributed to, to a significant degree, by employment - Slurred speech not a compensable injury – Applicant did not seek medical treatment or obtain medical certificate in relation to dog bite – Applicant not incapacitated for work as result of dog bite - no compensation payable to applicant for dog bite – Respondent not liable to pay compensation to applicant for slurred speech – Decision under review varied
Freedom of Information
Lee and Minister for Immigration and Citizenship [2013] AATA 532; 31/7/2013; Senior Member D Letcher, QC
Request to amend date of birth on government records – Onus on Minister to prove records not incorrect – Cambodian birth certificate − Conflicting dates of birth − Authenticity of documentation – Decision under review affirmed
Immigration and Citizenship
Amir and Minister for Immigration and Citizenship [2013] AATA 541; 2/8/2013; Senior Member JL Redfern
Visa cancellation – Character test – Criminal history – Seriousness of conduct and risk of further offending – Protection of Australian community − Duration and nature of the person’s ties to Australia –Tolerance to low level criminal conduct where non-citizen has long established links to Australia − Underlying mental health issues and addictions − Decision under review is set aside and substituted with a decision that the applicant’s visa not be cancelled.
Social Security
Cole and Anor Secretary, Department of Families, Housing, Community Services and Indigenous Affairs and Anor [2013] AATA 536; 1/8/2013; Senior Member AF Cunningham
Disability support pension – Meaning of ordinary income – Lump sum payment of arrears of superannuation pension entitlements – Ordinary income test – assessed as ordinary income for 12 months following receipt – Ordinary income exceeded income test threshold – No DSP payable
Elmir and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 533; 31/7/2013; Senior Member N Bell
Disability support pension – DSP – Impairment tables – Applicant does not meet impairment rating requirement – Program of support − Decision under review affirmed
Zaarour and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 535; 31/7/2013; Senior Member N Isenberg
Special benefit – Newly arrived resident’s waiting period – No substantial change in circumstances beyond the Applicant’s control – Special benefit not payable − Decision under review affirmed
Taxation
Vision Intelligence Pty Ltd and Commissioner of Taxation [2013] AATA 527; 30/7/2013; Professor R Deutsch, Deputy President 
Income tax – Research and development offset – Claim for offset disallowed on the basis the contracted expenditure had not been incurred in the year of income – Penalty – Whether the applicant failed to take reasonable care – Whether penalty should be remitted – Objection decision under review set aside
Trade and Commerce
Preston SuperAccess Pty Limited and Australian Trade Commission [2013] AATA 537; 2/8/2013; The Hon B Tamberlin, QC, Deputy President
Industry assistance – Export market development grants – Change of ownership of business – Whether the new business is similar to the old business – Whether the new business should be treated as a continuation of the old business – Decision under review affirmed
Vocational Education and Training
Australian Academy of Management & Science Pty Ltd and Australian Skills Quality Authority [2013] AATA 530; 30/7/2013; Senior Member PW Taylor SC
Vocational Education and Training − Non-compliance with relevant standards − Appropriate "sanction" − Cancellation decision set aside

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
Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs | [2013] AATA 473
Appeals finalised
CASE NAME | AAT reference | court Reference
Hancox v Commissioner of Taxation | [2012] AATA 836 | [2013] FCA 735
Frugtniet v Tax Practitioners Board | [2013] AATA 188 | [2013] FCA 752

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AAT Bulletin		issue 31/2013 aat

AAT Bulletin		 issue 18/10 aat
AAT Bulletin		issue 31/2013 aat