Brackin and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered the appeal of Mr Brackin against a decision of the Repatriation Commission concerning his claim for veterans' entitlements. The dispute centred on whether Mr Brackin's anxiety disorder was war-caused, as defined by the relevant Statements of Principles.

The Tribunal was required to determine whether the facts necessary to support Mr Brackin's hypothesis, that his anxiety disorder was war-caused, had been disproved beyond reasonable doubt, or conversely, whether the truth of any material fact inconsistent with the hypothesis had been proved beyond reasonable doubt. This involved an assessment of the evidence against the criteria set out in the Statement of Principles for anxiety disorder, specifically concerning a life-threatening event and the clinical onset of the condition.

Deputy President Sosso P found that there were no grounds to disprove the veteran's hypothesis beyond reasonable doubt, nor to prove any inconsistent facts beyond reasonable doubt. Consequently, the Tribunal set aside the decision under review and substituted a finding that the veteran's anxiety disorder was war-caused. The matter was remitted to the Repatriation Commission for appropriate action.