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2000/2001 ANNUAL REPORT
17. Legal Issues


The RMA has noted the decision of the Federal Court in Gorton v Repatriation Commission that 'the Act provides for the continual updating of Statements of Principles Ö(ensuring) that current Statement of Principles will embody currently- accepted medical and scientific learning'. As the court expressed it in Williams v Repatriation Commission ' this means the applicant 'has it both ways'Ö.the person can rely on the vested right or, in common with everyone else, elect to rely on the new legislationÖ..'

The RMA is monitoring the implications of the decisions evolving from Repatriation Commission v Keeley for the drafting of Statements of Principles.

This page last updated 10 April 2002.

     
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