Title: AAT Bulletin Issue No. 33/2014, 25 August 2014
Author: AAT
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin

Issue No. 33/2014	25 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
Civil Aviation
Compensation
Education
Immigration and Citizenship
Practice and Procedure
Social Security
Taxation
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.
Civil Aviation
Randazzo and Civil Aviation Safety Authority [2014] AATA 581; 21/8/2014; Mr R Bartsch, Member and Dr W Isles, Member
Conditions placed upon pilots licence – condition imposed requiring pilot to undertake all flights with safety pilot present – Applicant with medical conditions – atrial fibrillation – whether applicant likely to endanger the safety of air navigation – history of compliance with medications unsatisfactory – conditions appropriately imposed – decision under review affirmed
Compensation
Davies and Australian Postal Corporation [2014] AATA 578; 20/8/2014; Miss EA Shanahan, Member
Injury or disease – liability for right forearm strain accepted in 2009 – liability for bilateral carpal tunnel syndrome denied in October 2010 – repetitive movement claimed during mail sorting – complex medical history arising from craniopharyngioma of pituitary gland – cause of carpal tunnel syndrome multifactorial – work contribution material but not significant – decision affirmed
Ergarac and Comcare [2014] AATA 592; 22/8/2014; Senior Member RM Creyke
Commonwealth employee – whether injury resulted in reasonable requirement for household assistance and gardening assistance – amount of assistance required – decision varied
Odell and Comcare [2014] AATA 591; 22/8/2014; Senior Member RM Creyke
Commonwealth employee – accepted injury to left leg – whether continues to suffer accepted injury – whether suffered impairment as a result of injury – whether impairment is permanent – whether met minimum level of whole person impairment in accordance with Guide – whether suffered compensable economic loss – decision affirmed
O’Loughlin and Linfox Australia Pty Ltd [2014] AATA 577; 50/8/2014; Senior Member GD Friedman
Face and left knee injury – revocation of previously accepted liability – altercation while delivering fuel – whether injury arose out of or in the course of employment – decision affirmed
Education
Doan and Secretary, Department of Education [2014] AATA 580; 7/8/2014; Mr C Ermert, Member
Higher Education Support – Student Learning Entitlement – application period – whether application is made before the end of the application period – whether not possible for the application to be made before the end of that period – decision under review affirmed
Immigration and Citizenship
Cremin and Minister for Immigration and Border Protection [2014] AATA 574; 18/8/2014; Deputy President JW Constance
Citizenship by descent – eligibility – requirement that one parent became an Australian citizen on 26 January 1949 – Applicant’s father killed during WWII – decision affirmed
Saba and Minister for Immigration and Border Protection [2014] AATA 579; 21/8/2014; Senior Member PW Taylor SC
Citizenship application – close and continuing association with Australia – decision set aside – decision remitted to Minister for redetermination
Zaidan and Minister for Immigration and Border Protection [2014] AATA 584; 21/8/2014; Senior Member CR Walsh
Citizenship by conferral – eligibility – general residence requirement – overseas absences – “good character” requirement – decision under review affirmed
Practice and Procedure
Twentyman; Secretary, Department of Social Services and [2014] AATA 582, 21/8/2014; Deputy President JW Constance
Application for the Tribunal to direct the Respondent to attend a medical examination – consideration of the Tribunal’s power under ss 33 and 43(1) of the Administrative Appeals Tribunal Act – application refused
Social Security
Brown and Secretary, Department of Social Services [2014] AATA 583; 21/8/2014; Senior Member CR Walsh and Dr J Chaney, Member
Disability support pension – applicant had fully diagnosed but not fully treated and stabilised physical impairments arising from a degenerative disease of the lumbar spine and Dupuytren’s contractures of both hands – applicant had hypercholesterolaemia and hypothyroidism which were not fully diagnosed, treated and stabilised – applicant’s physical impairments did not attract 20 points or more under the “Impairment Tables” on the date she claimed DSP or within 13 weeks thereafter – decision under review affirmed
Estate of Emily Pitt and Secretary, Department of Social Services [2014] AATA 575; 19/8/2014; Ms S Taglieri, Member
Cancellation of Age Pension due to non-compliance with notice to complete questionnaire - whether reasonable excuse - whether sections authorising cancellation ought to apply - Age Pension payable from 25 August 2011 to 26 April 2012 - decision under review affirmed
McGee; Secretary, Department of Social Services and [2014] AATA 567; 7/8/2014; Senior Member NA Manetta
Pensions, benefits and allowances – Newstart allowance – income maintenance period – calculation – payment in lieu of notice – commencement date – decision under review set aside
ZYFZ and Secretary, Department of Social Services [2014] AATA 589; 22/8/2014; Dr P McDermott RFD, Senior Member
Pensions and benefits – disability support pension (DSP) – whether applicant overpaid DSP – Applicant did not disclose employment – whether overpayment recoverable – debts cannot be written off or waived under the Social Security Act 1991 (Cth) – decision under review affirmed
Taxation
The Taxpayers and Commissioner of Taxation [2014] AATA 572; 14/8/2014; The Honourable R Nicholson, Deputy President
GST – accountant sole shareholder and director of two proprietary companies – second company incorporated to act as manager of low cost government loan program – whether second company agent of first company – whether first company claimed deduction for superannuation – whether first company fully paid interest expense – quantum of money received by first company from government agencies – whether accountant’s income should include deemed dividends – whether penalties for ‘intentional disregard’ appropriate – whether penalties should be applied – whether penalty uplift appropriate – remission
Veterans' Affairs
Hall and Repatriation Commission [2014] AATA 569; 15/8/2014; Dr P McDermott RFD, Senior Member and Dr GJ Maynard, Brigadier (Rtd), Member
Pensions and benefits – agreement that applicant entitled to pension at 70% of general rate – whether applicant eligible for special rate of pension – whether incapacity from defence-caused conditions sufficient to prevent the applicant from undertaking remunerative work for more than 8 hours per week – accepted disabilities alone not responsible for inability to undertake remunerative work – Applicant not entitled to special rate of pension – decision under review varied and otherwise affirmed
Palmer and Repatriation Commission [2014] AATA 571; 15/8/2014; Dr M Denovan, Member
Pensions and benefits – Widow’s pension – whether veteran’s death was war-caused – no causal connection between veteran’s service and his increased animal fat consumption – reasonable hypothesis test not satisfied – decision under review affirmed
Paprotny and Repatriation Commission [2014] AATA 573; 18/8/2014; Deputy President K Bean and Lt Col R Ormston (Ret’d), Member
Veterans' entitlements – operational service in Vietnam – whether veteran suffers from PTSD – whether veteran suffers from depressive disorder – whether veteran suffers from alcohol use disorder – whether alcohol use disorder war-caused – Deledio steps – 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
Grabovsky v Secretary, Department of Social Services & AAT | [2014] AATA 522
Walkerden & Sanghvi v  Wodonga Pharmacy Pty Ltd & Australian Community Pharmacy Authority | [2014] AATA 496

Appeals finalised
CASE NAME | AAT reference | court Reference

Besson v Repatriation Commission

[2012] AATA 377

[2014] FCA 881
[2014] FCCA 123

Von Stieglitz v Comcare & Commonwealth of Australia & AAT | [2013] AATA 908 | [2014] FCAFC 97

Yao v Minister for Immigration and Border Protection

[2013] AATA 209

[2014] HCASL 148
[2014] FCAFC 17
[2013] FCA 873

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AAT Bulletin		 issue 33/2014 aat