Title: AAT Bulletin Issue No. 32/2014, 18 August 2014
Author: Maltby, Charles
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin

Issue No. 32/2014	18 August 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
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
Kennedy and Comcare [2014] AATA 557; 12/8/2014; Senior Member J Toohey and Dr M Couch, Member
Whether applicant suffered an injury in 2009 – psychological condition – whether events in 2009 aggravated a previous injury – decision under review affirmed
Martin and Comcare [2014] AATA 553; 11/8/2014; Senior Member AK Britton
Psychiatric injury – Whether injury is the result of reasonable administrative action taken in a reasonable manner – Reasonableness to be assessed with reference to the circumstances surrounding the action 
PRACTICE AND PROCEDURE – procedural fairness – role of “pleadings”    
Immigration and Citizenship
Wang and Minister for Immigration and Border Protection [2014] AATA 555; 8/8/2014; Senior Member CR Walsh
Eligibility – citizenship by conferral – general residence requirement – non-citizen Applicant spouse of Australian citizen – non-citizen Applicant had periods of absence from Australia in four years immediately before citizenship application – non-citizen Applicant accompanied Australian citizen husband overseas for his employment – discretion to treat periods of absence from Australia as ones in which non-citizen Applicant was “present in Australia as a permanent resident” – whether non-citizen Applicant had “close and continuing association with Australia” during periods of absence from Australia in four years immediately before citizenship application – decision under review affirmed
Practice and Procedure
Clarke and Secretary, Department of Social Services [2014] AATA 540; 7/8/2014; Deputy President SD Hotop
Extension of time – application for review lodged outside prescribed period – unsatisfactory explanation for delay – applicant rested on rights – apparent lack of merit of application for review – Tribunal not satisfied that reasonable in all the circumstances to grant extension of time – application for extension of time refused
SM and Secretary, Department of Social Services [2014] AATA 552; 5/8/2014; Senior Member J Toohey
Extension of time – application for extension of time refused
Social Security
Balsara and Secretary, Department of Social Services [2014] AATA 562; 13/8/2014; Miss EA Shanahan, Member
Disability support pension – no impairment rating possible – multiple medical conditions none of which are fully treated and stabilised – decision affirmed
Lukin and Secretary, Department of Social Services [2014] AATA 563; 14/8/2014; Senior Member RW Dunne, Professor P Reilly, Member
Pensions, benefits and allowances – claim for disability support pension rejected – physical, intellectual or psychiatric impairment – whether impairment rating of 20 points or more existed under the Impairment Tables – whether there was a "continuing inability to work" – reports of medical practitioners and psychiatrist considered – Job Capacity Assessments conducted – decision under review affirmed
Swale; Secretary, Department of Social Services and [2014] AATA 554; 1/8/2014; Senior Member AF Cunningham
Claim for Parenting Payment (Partnered) – whether Assessable Income exceeds the Personal Income Cut-Off Limit – whether Trust Income should be included – whether Applicant is an Attributable Stakeholder of the Trust – whether Trust Distributions were made in accordance with Validly Executed Resolutions under the Trust Deed – decision under review set aside
Tralongo and Secretary, Department of Social Services [2014] AATA 560; 31/7/2014; Senior Member RW Dunne
Pensions, benefits and allowances – claim for fares allowance – journey using reasonable route at least expensive form of public transport that is reasonable – no discretion – decision under review affirmed
Von Zum Hof and Secretary, Department of Social Services [2014] AATA 556; 5/6/2014; Senior Member J Toohey
AUSTUDY – whether applicant overpaid – whether special circumstances – decision that applicant has a debt affirmed – amount of debt varied on account of special circumstances
Wells and Secretary, Department of Social Services [2014] AATA 549; 28/7/2014; Ms R Perton, Member
Newstart allowance – unemployment arising from a voluntary act or misconduct as an employee – eight week period of non-payment – limited discretion to waive eight week period – decision affirmed
Wroblewska-Drag and Secretary, Department of Social Services [2014] AATA 559; 26/5/2014; Senior Member AF Cunningham
Portability of payments – cancellation of benefits whilst applicant was overseas for more than 6 weeks – decision under review affirmed
Veterans' Affairs
Hart and Repatriation Commission [2014] AATA 564; 14/8/2014; Senior Member J Handley
Applicant served with the Royal Australian Navy – three periods of operational service – increase in smoking prior to operational service – whether attributable to fear of entering a war zone or the disappointment of not being permitted to pursue preferred career path – whether carotid artery disease, chronic obstructive pulmonary disease and cerebrovascular accident war-caused – decision set aside – assessment remitted
Hind and Repatriation Commission [2014] AATA 565; 15/8/2014; Senior Member RG Kenny
Disability pension – Defence service with Royal Australian Air Force – Malignant neoplasm of the bladder – Condition related to smoking cigarettes – Statement of Principles for malignant neoplasm of the bladder – Smoking not related to defence service – Condition not defence caused – Decision affirmed
Howes and Repatriation Commission [2014] AATA 568; 15/8/2014; Dr P McDermott RFD, Senior Member
Applicant served in Royal Australian Air Force – Applicant suffers from adjustment disorder – Whether adjustment disorder is defence-caused – Insufficient evidence to conclude applicant suffers from adjustment disorder – Whether applicant suffered category 2 stressor within the 3 months before clinical onset – No evidence of date of clinical onset provided – Decision under review 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
Roberts-Billett v Commonwealth Superannuation Corporation | [2014] AATA 415

Appeals finalised
CASE NAME | AAT reference | court Reference
Ellis v Repatriation Commission | [2013] AATA 433 | [2014] FCA 847

P v Child Support Registrar & Anor

[2013] AATA 426

[2014] FCAFC 98
[2013] FCA 1312

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AAT Bulletin		 issue 32/2014 aat