Booth and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal considered a claim for compensation brought by Mr. Booth against the Military Rehabilitation and Compensation Commission. Mr. Booth sought compensation for psychological injuries, including post-traumatic stress disorder (PTSD), anxiety, depression, and alcohol dependency, which he alleged were caused by his service in the Defence Force. The core of the dispute revolved around whether these conditions constituted an "injury" compensable under section 14 of the *Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988* (Cth) and whether his employment materially contributed to them.

The Tribunal was required to determine if Mr. Booth's claimed ailments qualified as an "injury" as defined by the Act, which includes "a disease" and an "ailment" encompassing any physical or mental ailment, disorder, defect, or morbid condition. Furthermore, the Tribunal had to assess whether the evidence established that Mr. Booth's service in the Defence Force contributed, to a material degree, to the development or exacerbation of these conditions. This involved evaluating the reliability of Mr. Booth's account of events, particularly in light of potential discrepancies in his medical records, and considering the weight to be given to expert medical evidence.

The Tribunal reasoned that the definition of "injury" under the *Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988* was broad enough to encompass the psychological conditions claimed by Mr. Booth, including PTSD, anxiety, depression, and secondary alcohol dependency. The Tribunal accepted the evidence presented, including Mr. Booth's own statements detailing experiences of bastardisation, physical assaults, and a sexual assault during his service, as well as expert medical opinions. It found that these events, occurring during his employment in the Defence Force, materially contributed to his diagnosed conditions. The Tribunal also addressed the potential impact of inaccuracies in medical records on the reliability of Mr. Booth's evidence, ultimately concluding that his account was credible and supported by other evidence.

Consequently, the Tribunal set aside the previous Reviewable Decision and substituted it with a decision that the Commonwealth is liable to pay compensation to Mr. Booth under section 14 of the Act for PTSD (with associated anxiety and depression) and secondary alcohol dependency.