Butt and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal considered the case of Mr. Butt and the Military Rehabilitation and Compensation Commission concerning defence-related claims for solar keratoses (skin cancers). The primary dispute revolved around whether the Tribunal had the jurisdiction to consider claims not explicitly detailed in the original claim form and whether the applicant's service in the Citizen Military Forces (CMF) contributed to his skin cancers to a material or significant degree.

The Tribunal was required to determine two key legal issues: first, the scope of its jurisdiction to review the decision made by the Commission, specifically whether it could consider claims beyond those initially lodged; and second, whether liability existed under section 14 of the *Military Rehabilitation and Compensation Act 2004* (Cth) for the applicant's skin cancers, focusing on the degree to which his CMF service contributed to their development.

In its reasoning, the Tribunal examined the applicant's history of sun exposure from childhood through his working life and CMF service. It considered the nature of solar keratoses, which can develop after significant latency periods, and assessed the evidence regarding the applicant's exposure to the sun during his CMF service. The Tribunal found that the skin cancers that developed after April 2007 were compensable injuries under section 14 of the Act, based on the evidence presented and on the balance of probabilities.

Consequently, the Tribunal set aside the Reviewable Decision and substituted it with a new decision, finding that the applicant's skin cancers were indeed compensable injuries under section 14 of the Act.