Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2005] AATA 601
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2004/128
VETERANS' APPEALS DIVISION )
Re JOHANNES BEURSKENS Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Mr SC Fisher, Member Date24 June 2005
PlaceBrisbane
Decision The Tribunal decides to set aside the decision under review and substitute the decision that:
(a) the Applicant's post traumatic stress disorder is defence-caused within the meaning of the Veterans’ Entitlements Act 1986 with effect from 9 June 2002.
The Tribunal remits the matter to the Respondent for the assessment of the rate of pension payable.
................... [Sgd]............................
SC Fisher
Member
CATCHWORDS
VETERANS’ AFFAIRS – benefits and entitlements – disability pension – defence service with the Australian Army – post traumatic stress disorder (PTSD) – application of Statement of Principles – condition defence-caused – decision under review set aside and substituted – assessment of rate of pension payable remitted to respondent
Veterans’ Entitlements Act 1986 ss 69A, 70, 120(4), 120A, 120B, 174 -176, 180A, 196B
Secretary, Department of Social Security v Murphy (Federal Court, 29 June 1998, 809/98
Ajka Pty Ltd v Australian Fisheries Management Authority [2003] FCA 248; (2003) 74 ALD 21
Bantick and Secretary, Department of Family and Community Services [2003] AATA 472 Bramwell v Repatriation Commission (1998) 51 ALD 56
Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598
Schmidt v Repatriation Commission [2004] FCA 1158
Smith v Repatriation Commission (1987) 74 ALR 537
Re Buckham and Repatriation Commission [2000] AATA 174
Kattenberg v Repatriation Commission (2002) 73 ALD 365
Haughey and Repatriation Commission [2005] AATA 189
Repatriation Commission v Deledio (1998) 83 FCR 82
Williamson and Repatriation Commission [2004] AATA 1185
Repatriation Commission v Gorton (2001) 110 FCR 321; (2001) 65 ALD 609
Hillier v Repatriation Commission [2004] AATA 897
Palmer and Repatriation Commission [2005] AATA 2REASONS FOR DECISION
24 June 2005 Mr SC Fisher, Member Introduction And Background
1. Mr Johannes Beurskens (the Applicant) was born on 8 December 1951 and served with the Australian Army from 24 February 1970 until 25 March 1990, when he was discharged with the rank of Sergeant. The Applicant did not render any operational service. From 2 December 1979 until 27 February 1980, the Applicant served as a medic with the Royal Australian Medical Corp attached to A Company 6th Battalion, Royal Australian Regiment (6 RAR) when it was deployed to RAAF Base Butterworth Malaysia.
2. The Applicant claims that three events took place during his defence service that caused him to suffer post traumatic stress disorder for which the Repatriation Commission (the Respondent) is liable to pay him compensation.
Jurisdiction
3. This appeal is governed by the Veterans’ Entitlements Act 1986 (Cth) (“the Act”). The Tribunal has jurisdiction in this appeal by virtue of sections 174 – 176 of the Act. In these Reasons for Decision, references to statutory provisions are to the provisions of the Act unless the context indicates otherwise.
The Decision under Review
4. The…
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- AGLC
- Beurskens and Repatriation Commission [2005] AATA 601
- Case
- [2005] AATA 601
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Tribunal was whether Mr Beurskens' PTSD was caused by his defence service, thereby making him eligible for a disability pension under the Veterans’ Entitlements Act 1986. The Tribunal needed to interpret and apply the relevant provisions of the Act, including sections 69A, 70, 120(4), 120A, 120B, 174-176, 180A, and 196B, to determine the causation of the condition. The Tribunal also considered relevant case law and Statements of Principles regarding PTSD and military service.
In reaching its decision, the Tribunal found that Mr Beurskens' PTSD was indeed caused by his defence service, thereby satisfying the criteria for a disability pension under the Act. The Tribunal set aside the original decision made by the Repatriation Commission and substituted its own decision that Mr Beurskens' condition was defence-caused from 9 June 2002. The Tribunal remitted the matter back to the Repatriation Commission to assess the appropriate rate of pension payable to Mr Beurskens.
The Tribunal's decision highlighted the importance of a thorough and accurate assessment of the evidence presented and the correct application of the statutory provisions and relevant case law. The Tribunal's findings confirmed Mr Beurskens' eligibility for a disability pension, ensuring that he would receive the benefits to which he was entitled under the Act.
Orders
Orders of the court
The Tribunal decides to set aside the decision under review and substitute the decision that:
(a) the Applicant's post traumatic stress disorder is defence-caused within the meaning of the Veterans’ Entitlements Act 1986 with effect from 9 June 2002.
The Tribunal remits the matter to the Respondent for the assessment of the rate of pension payable.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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