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Legal Herald - World Legal Issues

Jurisdiction To Review An Out Of Time Claim

January 5th 2009 09:58
In Bain v Military Rehabilitation and Compensation Commission [2008] AATA 884, the Administrative Appeals Tribunal (Tribunal) was satisfied that it had jurisdiction to review decisions which the Commission had conceded could be reviewed out of time.

BACKGROUND

Mr Bain was injured during his Army Service in October 1969. Claims for compensation and other relevant records were lost, however determinations had been made on 19 April 1971 and 26 November 1975 rejecting the claims for compensation. A request made in 1999 for an extension of time to request a reconsideration of the determinations was subsequently refused.

By a decision given on 27 September 2006 (Bain and Military Rehabilitation and Compensation Commission [2006] AATA 822), the Tribunal made a provisional decision on the following matters:

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AAT Claim Out Of Time


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