Busuttil; Repatriation Commission and (Veterans' entitlements)

The Administrative Appeals Tribunal considered an application for review of a decision by the Veterans' Review Board concerning the eligibility of Mr Busuttil for a pension. The core of the dispute was whether Mr Busuttil had rendered "hazardous service" as a member of the Defence Force.

The Tribunal was required to determine whether Mr Busuttil's service in Cambodia in 1994, as part of a defence cooperation program, constituted hazardous service. This involved assessing whether he was a member of the Defence Force at the relevant time and considering the effect of determinations of hazardous service made by the relevant Ministers.

The Tribunal found that Mr Busuttil was a member of the Royal Australian Navy Reserve when he was posted to Cambodia. Applying the relevant legislative provisions and considering the ministerial determinations, the Tribunal concluded that Mr Busuttil had indeed rendered hazardous service as a member of the Defence Force. Consequently, the Tribunal set aside the decision under review and substituted it with a direction that Mr Busuttil rendered hazardous service.