Title: AAT Bulletin 34/2013, 26 August 2013
Author: AAT
Last saved by: Novello, Mary
Company: Administrative Appeals Tribunal

AAT Bulletin
Issue No. 14/2013	26 August 2013

AAT Bulletin
Issue No. 34/2013	26 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
Child Support
Compensation
Corporations
Immigration and Citizenship
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.
Child Support
Parent A and Child Support Registrar and Anor [2013] AATA 562; 9/8/2013; Mr S Webb, Member
Percentage of care – Boarding school – Court orders for equal parental responsibility for youngest child – Meaning of ‘care period’ – Meaning of ‘pattern of care for the child’ – ‘actual care’ cannot apply to both parents at the same time – Determination of the extent of actual care of a child is not strictly limited to the number of nights – Discretion to consider alternative methods of calculating actual care – Relevant factors – Actual care apportioned on an equal basis – Decision under review affirmed
Compensation
Cullen and Australian Postal Corporation [2013] AATA 578; 16/8/2013; Miss EA Shanahan, Member
Shoulder injury – Secondary or separate psychological injury – Termination of entitlement to compensation – Alternative employment – Continuing disability and incapacity for work – Availability of suitable employment
Hargreaves and Telstra Corporation Limited [2013] AATA 579; 16/8/2013; Deputy President JW Constance
Adjustment disorder with depression and anxiety – Whether applicant partially or totally incapacitated for work as a result of injury – Whether applicant incurred costs for medical treatment – Whether injury resulted in permanent impairment – Decision under review in application 2011/3899 set aside – Decision under review in application 2012/4454 affirmed
Perera and Comcare [2013] AATA 589; 22/8/2013; Professor RM Creyke, Senior Member
Commonwealth Employees – Anxiety disorder – Whether reasonable administrative action – Whether taken in a reasonable manner in respect of employment – Decision under review affirmed
Rand and Comcare [2013] AATA 580; 19/8/2013; Professor RM Creyke, Senior Member, and Dr B Hughson, Member
Commonwealth employees – Anxiety and depression – Nature of adjustment disorder – Nature of personality disorder – Bullying and harassment in the workplace – Whether there was contribution to a material extent/significant degree by employment – Impact of non-employment factors on injury – Predisposition to development or aggravation of injury − Decision under review affirmed
Corporations
Sullivan and Anor and Australian Securities and Investments Commission [2013] AATA 592; 23/8/2013; Senior Member BJ McCabe
Cancellation of Australian Credit Licence – Banning order – Contravention of credit legislation – Fit and proper person – False statements in official documentation – Legislative and regulatory requirements not met – The decision under review regarding Mr Sullivan is varied – Decision under review affirmed
Immigration and Citizenship
Kim and Minister for Immigration and Citizenship [2013] AATA 568; 15/7/2013; Senior Member N Bell
Application for citizenship by conferral – Non- permanent resident – Whether applicants held a permanent visa – Applicants held temporary visas – Decision under review affirmed
Practice and Procedure
Laffer and Secretary, Attorney-General’s Department [2013] AATA 585; 20/8/2013; The Hon RJ Groom AO, Deputy President
Application for a review of decision of Social Security Appeals Tribunal – Whether application lodged within 28 days – Whether 28 day period is reckoned exclusive of day decision furnished to applicant – Meaning of “day” – Application lodged electronically at 6.29 pm on 28th  day – Application lodged within 28 days
Levi and Companies Auditors and Liquidators Disciplinary Board and Australian Securities Investment Commission (Joined Party) [2013] AATA 576; 16/8/2013; Deputy President RP Handley
Cancellation of registration of a liquidator under s 1292 of the Corporations Act 2001 − Power to stay or otherwise affect the operation or implementation of a decision under review − Whether stay necessary to secure effectiveness of hearing and determination of the application for review − Prospects of success – Prejudice to parties - Public interest – possibility of criminal prosecution – Confidentiality orders sought – Hearings to be in public except in exceptional circumstances – Whether it is desirable to make an order by reason of the confidential nature of any evidence or matter or for any other reason – Applications refused
Lowe and Commissioner of Taxation [2013] AATA 549; 1/8/2013; Deputy President PE Hack SC
Application for direction under s 37(2) of Administrative Appeals Tribunal Act 1975 refused
Warren and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 563; 12/7/2013; Senior Member GD Friedman
Extension of time to lodge application for review – Application refused
Zoric and Australian Postal Corporation [2013] AATA 594; 19/7/2013; Senior Member GD Friedman
Interlocutory proceeding – Application to stay decision of respondent – Refusal to stay the implementation of the reviewable decision
Social Security
Bays and Secretary, Department of Education, Employment and Workplace Relations [2013] AATA 590; 22/8/2013; Dr M Denovan, Member
Pensions, benefits and allowances – Widow Allowance – Entitlement to Arrears – Determining correct date of effect – Application for review – Decision under review is affirmed
Confidential and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 582; 20/8/2013; Senior Member RG Kenny
Pensions, benefits and allowances – Carer payment – Statutory definition of “carer” – Meaning of “constant care” in Guide to Social Security – Significance of Carer Recognition Act – Requirements for constant care not met by applicant – Decision under review affirmed
Gunning and Secretary, Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2013] AATA 595; 23/8/2013; Senior Member RG Kenny
Pensions, benefits and allowances – Youth Allowance – Criteria for regarding a person as independent – Applicant not prevented from living at home of parents because of extreme family breakdown or other similar exceptional circumstances – Not unreasonable to expect the applicant to live at home of parents – Applicant receiving continuous support from parents – Applicant not regarded as independent − Decision under review affirmed
Hosking and Secretary, Department of Education, Employment and Workplace Relations [2013] AATA 596; 23/8/2013; Dr P McDermott RFD, Senior Member
Pensions, benefits and allowances – Newstart Allowance – Method of payment – Power of SSAT to review decisions relating to the method of payment of a social security benefit – Effect of restriction on SSAT exercising powers and discretions of Secretary –Powers of AAT on review – Decision under review affirmed
Jamieson and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 588; 22/8/2013; Dr M Denovan, Member
Pensions, benefits and allowance – Disability support pension – 20 points or more under the Impairment Tables – Decision under review affirmed
Reyhanli and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs and Anor [2013] AATA 587; 22/8/2013; Senior Member G Ettinger
Assurance of Support for wife who obtained visa to enter Australia from Turkey – Couple separated a short time later − Debt incurred when wife was granted Special Benefit, Austudy and Newstart allowance – Assurance of Support properly entered into – Cannot be withdrawn once visa issued – No special circumstances to enliven discretion to end Assurance of Support before end of two year period – Decision under review affirmed
Schostakowski and Secretary, Department of Education, Employment and Workplace Relations [2013] AATA 586; 21/8/2013; Senior Member RG Kenny 
Pensions, benefits and allowances – Settlement of compensation claim – Lump sum compensation payment includes component referable to lost earnings and capacity to earn – Imposition of preclusion period – Special circumstances not established – No part of settlement treated as not having been received – Preclusion period not shortened – Decision under review affirmed
Taxation
B.E.R.T. Pty Ltd as Trustee for the B.E.R.T. Fund No. 2 and Commissioner of Taxation [2013] AATA 584; 20/8/2013; Justice JA Logan RFD, Presidential Member and Deputy President PR Hack SC
Fringe benefits tax – Approved worker entitlement funds – Whether public trading trust – Whether unit trust – Decision under review affirmed
KFBC and Commissioner of Taxation [2013] AATA 577; 16/8/2013; Senior Member BJ McCabe
Superannuation – Non-concessional contributions – Excess contributions – Commissioner's discretion regarding excess contributions – Special circumstances – Objection decision affirmed
Veterans' Affairs
McDougall and Repatriation Commission [2013] AATA 583; 20/8/2013; Dr P McDermott RFD, Senior Member and Dr GJ Maynard, Brigadier (Rtd), Member
Pensions and benefits – Cervical spondylosis – Conflict of professional evidence – No evidence of condition – 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
National Australia Bank Limited v Georgoulas | [2013] AATA 553
Appeals finalised
CASE NAME | AAT reference | court Reference

Kline v Official Secretary to the Governor General & AAT

[2012] AATA 247

[2013] HCATrans 180
[2012] FCAFC 184

Anti-Doping Rule Violation Panel v XZTT | [2012] AATA 728 | [2013] FCAFC 95

Bell v Commissioner of Taxation

[2012] AATA 45

[2013] HCATrans 179
[2013] FCAFC 32
[2012] FCA 1042

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AAT Bulletin		issue 34/2013 aat

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