Beale v Repatriation Commission

[1998] AATA 312

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Re: John Elgar Beale, Applicant
And: Repatriation Commission

Tribunal:

Lynch, M
Lewis, SM;

Subject References:
Practice and Procedure
Veterans affairs
review of Statement of Principles by Specialist Medical Review Council not favourable to Applicant
outstanding review by Repatriation Medical Authority
Tribunal directed that matter not be delayed further while awaiting review by RMA
Applicant applied to Federal Court for review of Tribunal's proposal to conduct a hearing
Federal Court dismissed application
held that Tribunal's exercise of discretion to proceed to a hearing had not miscarried.

Legislative References:
Veterans' Entitlements Act 1986 - ss 119(1)(h); 120; 120A
Administrative Appeals Tribunal Act 1975 - s 33(1)(a); 34(3)
Administrative Decisions (Judicial Review) Act 1977 - s 6

Case References:
Re McMillan and Repatriation Commission - (1997) 25 AAR 123
Beale and Repatriation Commission - (AAT 12385, 12 November 1997)
Beale v Administrative Appeals Tribunal and Repatriation Commission - (Lindgren J, 16 March 1998, 218/98, unreported)
McMillan v Repatriation Commission - (Marshall J, 27 February 1998, 127/98, unreported)

Other References:
Statement of Principles - No. 71 of 1995, No. 336 of 1995, No. 352 of 1995

Hearing date: 17 March 1998
Decision date: 21 April 1998

Sydney

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DECISION

The Tribunal affirms that part of the decision of the Repatriation Commission of 26 April 1995 that rejected the claim of John Beale in respect of osteoarthritis left knee and osteoarthritis right foot.