Practice notes

Appeal from AAT – questions of law – whether Tribunal properly applied s119(g) or 119(h) of the VEA – whether Tribunal properly acquitted its obligation to give reasons pursuant to s43 of the AAT Act

Whether the Tribunal failed to consider the applicability of factor 6(a) of the Statement of Principles (SoP) for Alcohol Dependence and Alcohol Abuse – whether the Tribunal misconstrued s120 and /or the applicable SoP – whether the Tribunal adhered to the Deledio process for determining whether injury or disease war-caused under the Act.

Claim for PTSD, alcohol dependence and hypertension – veteran found to have been the subject of abuse and bullying – where Tribunal erred in law in finding that veteran did not experience events that involved actual or threatened serious injury having regard to the bullying conduct.

Application for special rate – whether application lodged prior to applicant turning 65 – s24(2A) applicable – whether applicant was engaged in “remunerative work” – whether Tribunal misconstrued “working…for a continuous period of at least 10 years” under s24(2A)(g) – whether Tribunal misconstrued “suffering a loss” under s24(2A)(e)

Claim for PTSD and alcohol abuse – whether Tribunal failed to afford procedural fairness – whether Tribunal took into account an irrelevant consideration – whether decision affected by actual or apprehended bias – whether findings irrational, illogical or manifestly unreasonable – whether Tribunal failed to make independent inquiries – whether Tribunal failed to provide adequate reasons for its factual findings – whether Tribunal failed to apply the correct standard of proof in relation to factual findings.

Application for special rate – whether a finding made by the Tribunal as to whether the veteran performed work of a particular kind raised a question of law in relation to the phrase “remunerative work” – whether factual finding made that veteran was not performing work after turning 65 was made in a manner which raised an error of law.

Special rate of pension under s 24(1)(c) – whether applicant prevented from engaging in remunerative working by war-caused injuries alone – leave to extend time to rely on notice of contention refused.