Title: AAT Bulletin Issue No. 40/2013, 8 October 2013
Author: AAT
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin
Issue No. 14/2013	8 October 2013

AAT Bulletin
Issue No. 40/2013	8 October 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
Higher Education
Immigration and Citizenship
Practice and Procedure
Social Security
Taxation
Veterans' Affairs
Vocational Education and Training
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
Griffiths and Telstra Corporation Limited [2013] AATA 695; 27/9/2013; Senior Member AK Britton
Workers’ Compensation – Entitlement to medical treatment and incapacity payments – Respondent made own motion decision that it was not presently liable to pay compensation for medical treatment or incapacity payments – This does not preclude the Applicant making future claims for medical treatment or incapacity payments

PRACTICE AND PROCEDURE – Frivolous or vexatious application – Whether the Tribunal can make a determination about medical expenses incurred after the original determination – Whether a decision by the Tribunal would be devoid of practical effect
Higher Education
Confidential and Secretary, Department of Education [2013] AATA 707; 3/10/2013; Senior Member E Fice
Re-credit of FEE-HELP – Special circumstances – Removal of a fail grade – Reviewable decisions under the Higher Education Support Act – Administration Guidelines
Immigration and Citizenship
Reddy and Minister for Immigration and Border Protection [2013] AATA 706; 3/10/2013; Senior Member Dean Letcher QC
Class TY Subclass 444 Special Category (Temporary) visa – Cancellation – Character test – Substantial criminal record – Primary and other considerations – Decision affirmed
Surjanto and Minister for Immigration, Multicultural Affairs and Citizenship [2013] AATA 689; 26/9/2013; Senior Member AK Britton
Citizenship by conferral – Residence requirement – Ministerial discretion – Whether there was a close and continuing association with Australia – Decision set aside and remitted
Tihema and Minister for Immigration and Border Protection [2013] AATA 715; 4/10/2013; Senior Member N Bell
Visa cancellation – Character grounds – Substantial criminal record – Decision under review affirmed
Practice and Procedure
Carbone and Comcare [2013] AATA 703; 1/10/2013; Mr S Webb, Member
Application for extension of time in which to make an application – Previous application dismissed – Related applications on foot – Applicant relied on information provided by the tribunal – No prejudice – Fairness – Merit – Extension granted
Social Security
Berry and Secretary, Department of Social Services [2013] AATA 705; 2/10/2013; Senior Member AF Cunningham
Disability support pension – Conditions of poliomyelitis, hypertension, hypercholesterolemia – conditions fully diagnosed, treated and stabilised – 20 point impairment rating not satisfied – Decision under review affirmed
Clarke and Secretary, Department of Education, Employment and Workplace Relations and Anor [2013] AATA 699; 27/9/2013; Mr S Webb, Member
Social Security – Parenting payment single – Separated parents with shared care of two children – PP child – Principal carer determination for each child – Equal care – Policy guidelines – Relevant factors for the assessment of greater need – Care arrangements for each child not the same – Consideration of the status quo – Decision set aside
Edwards and Secretary, Department of Social Services [2013] AATA 704; 2/10/2013; Dr M Denovan 
Pensions, benefits and allowances – Disability support pension – Less than 20 points under the Impairment Tables – Decision affirmed
McLauchlan and Secretary, Department of Social Services [2013] AATA 714; 26/9/2013; Deputy President PE Hack SC
Compensation payments – Preclusion period – Whether special circumstances exist – Decision under review affirmed
Soames and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 693; 27/9/2013; Senior Member AK Britton
Debt recovery – Disability support pension – Whether the debt can be waived – Whether the Applicant knowingly made a false statement or representation to Centrelink – Meaning of “knowingly” – Inference of actual knowledge drawn – Decision affirmed
Taxation
Confidential and Commissioner of Taxation [2013] AATA 701; 30/9/2013; Senior Member FD O’Loughlin
Goods and services tax – Whether input tax credits allowable – Whether an enterprise carried on – Whether creditable acquisitions made – Whether burden of proof satisfied – Decision under review affirmed
Keep and Commissioner of Taxation [2013] AATA 709; 26/9/2013; Senior Member CR Walsh
Income tax – Capital gains tax – Main residence exemption – Whether house became applicant’s main residence as soon as practicable after the completion of its construction – Whether house continued to be applicant’s main residence for at least 3 months – Decision under review affirmed
Veterans' Affairs
James and Repatriation Commission [2013] AATA 700; 30/9/2013; Senior Member BJ McCabe and Dr M Sullivan, Member
Pensions and entitlements – Special rate pension – War caused incapacity alone causing loss – Work associated stress – Decision under review affirmed
Vocational Education and Training
G Plus G Global Trading Pty Ltd and Australian Skills Quality Authority [2013] AATA 698; 27/9/2013; Senior Member E Fice
Non-compliance – Renewal of registration – VET Quality Framework – National Code Standards – Standards for NVR Registered Training Organisations – Decision set aside
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
Robson v Military Rehabilitation and Compensation Commission | [2012] AATA 809
Wraight v Telstra Corporation Limited | [2013] AATA 615
Commissioner of Taxation v AP Energy Investments Limited | [2013] AATA 626
Fletcher v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs | [2013] AATA 633
Appeals finalised
CASE NAME | AAT reference | court Reference
O’Dowd v Repatriation Commission | [2012] AATA 789 | [2013] FCA 991
Guden v Minister for Immigration and Citizenship | [2013] AATA 380 | [2013] FCA 980

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AAT Bulletin		issue 40/2013 aat

AAT Bulletin		 issue 18/10 aat
AAT Bulletin		issue 40/2013 aat