Title: AAT Bulletin Issue No. 47/2013, 25 November 2013
Author: Novello, Mary
Company: ZOO Communications

AAT Bulletin

Issue No. 47/2013	25 November 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
Practice and Procedure
Social Security
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
FVNH and Comcare [2013] AATA 832; 22/11/2013; Deputy President SA Forgie
Reservist work – Injury sustained during full time employment – Relevant weekly earnings that of the latest 2 weeks of continuous full time employment – Earnings or potential earnings of reservist work not included in compensation – Decision under review affirmed
JQWK and Comcare [2013] AATA 830; 22/11/2013; Ms R Perton, Member
Whether injury result of earlier claim – Whether condition caused or aggravated through employment – Whether employment contributed to a significant degree – Whether condition permanent – Decision under review affirmed
Varga and Comcare [2013] AATA 829; 22/11/2013; Senior Member D Letcher QC and Dr S Toh, Member
Commonwealth Employees – Depression – Whether or not the conduct which resulted in the disease suffered by the employee was reasonable administrative action taken in a reasonable manner – Decision under review affirmed
Practice and Procedure
Confidential and Military Rehabilitation and Compensation Commission [2013] AATA 804; 13/11/2013; Senior Member AF Cunningham
Jurisdiction – Validity and effect of election to sue for common law damages – Whether PTSD separate injury – No claim for compensation under Safety, Rehabilitation and Compensation Act 1988 made prior to election – Election upheld – No compensation payable under s 24, 25 or 27 in respect of permanent impairment – Tribunal has no jurisdiction
Singh and Secretary, Department of Social Services [2013] AATA 825; 22/10/2013; Senior Member GD Friedman
Jurisdiction – Application groundless – Dismissed under s 42B(1) of the Administrative Appeals Tribunal Act 1975
Coshott and Commissioner of Taxation [2013] AATA 822; 20/11/2013; The Hon B Tamberlin QC, Deputy President
Stay application – Substantive proceedings seek review of an objection decision made by the Commissioner of Taxation – Whether Tribunal has the power to grant a stay – Modification of the Administrative Appeals Tribunal Act 1975 by the Taxation Administration Act 1953 – Tribunal has no power to grant stay
Social Security
Applicant 1439 of 2013 and Secretary, Department of Social Services [2013] AATA 821; 19/11/2013; Dr A Frazer, Member
Disability support pension – Qualification requirements – Applicant has impairments – Impairments not considered of sufficient rating – Applicant not qualified for disability support pension – Decision under review affirmed 
Coventry and Secretary, Department of Social Services [2013] AATA 824; 29/10/2013; Senior Member BJ McCabe
Pensions, benefits and allowances – Disability Support Pension – Participation in Programs of Support – Decision under review affirmed
El Mohammed and Secretary, Department of Social Services [2013] AATA 819; 19/11/2013; Senior Member N Bell
Baby bonus – Claim received outside 52-week period – Whether discretion to extend the period be exercised – Decision under review affirmed
Gawthorne and Secretary, Department of Social Services [2013] AATA 823; 29/10/2013; Senior Member BJ McCabe
Pensions, benefits and allowances – Disability Support Pension – Number of impairment points – Participation in Programs of Support – Decision under review affirmed
Hill and Secretary, Department of Social Services [2013] AATA 816; 18/11/2013; Senior Member BJ McCabe
Pensions, benefits, and allowances – Disability support pension – Number of impairment points – Impairments properly diagnosed treated and stabilised during assessment period – Participation in Programs of Support – Decision under review affirmed
Lim and Secretary, Department of Social Services [2013] AATA 817; 18/11/2013; Senior Member AK Britton
Parental Leave Pay – Whether the Australian residency test is satisfied – For what period the Australian residency test must be satisfied – Special Category Visa – Applicant ineligible for Parental Leave Pay – Decision under review is affirmed
Secretary, Department of Social Services and Muir [2013] AATA 831; 22/11/2013; Senior Member J Handley
Respondent suffered extensive injuries in a motor car accident – lump sum compensation paid – house purchased before period of preclusion determined – contention that advice given by Centrelink officers of likely duration – Social Security Appeals Tribunal found amount equivalent to cost of house be treated as not having been paid – whether circumstances of Respondent were special – Decision under review set aside
Taha and Secretary, Department of Social Services [2013] AATA 833; 22/11/2013; Senior Member D Letcher QC
Disability Support Pension – Physical and psychiatric impairment – Whether condition “permanent” – Whether condition fully diagnosed, treated and stabilised at relevant time – Impairment Tables – Impairment rating less than 20 points – 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
Mori v Secretary, Department of Social Services | [2013] AATA 737
Paerau v Minister for Immigration and Border Protection & AAT | [2012] AATA 798
Appeals finalised
CASE NAME | AAT reference | court Reference
IOOF Holdings Ltd v Commissioner of Taxation & AAT | [2013] AATA 239 | [2013] FCA 1189

Sanctuary Lakes Pty Ltd v Commissioner of Taxation

[2012] AATA 404

[2013] HCATrans 273
[2013] FCAFC 50

Sami v Minister for Immigration and Citizenship

[2012] AATA 459

[2013] FCAFC 128
[2013] FCA 106

Comcare v Lofts & AAT | [2013] AATA 122 | [2013] FCA 1197
Aspen Pharma Pty Ltd & Ors v H Lundbeck A/S & Commissioner of Patents | [2012] AATA 851 | [2013] FCAFC 129
Agapis v Plumbers Licensing Board | [2013] AATA 187 | [2013] FCA 1221

Guo v Minister for Immigration and Citizenship

[2004] AATA 729

[2013] HCATrans 290
[2004] FCA 1585

Demillo v Minister for Immigration and Border Protection

[2012] AATA 805

[2013] FCAFC 134
[2013] FCA 629

© Commonwealth of Australia 2013

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AAT Bulletin		 issue 47/2013 aat