Clarke and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by Mr Clarke against a decision of the Military Rehabilitation and Compensation Commission regarding his claim for a psychological disability. Mr Clarke alleged that his condition was caused by sexual and other abuse he suffered while serving at HMAS Leeuwin. The Commission had affirmed its original decision, which Mr Clarke sought to have reviewed by the Tribunal.

The Tribunal was required to determine whether the psychological condition suffered by Mr Clarke was contributed to in a material degree by his naval service. Specifically, the Tribunal had to assess the weight of the medical evidence concerning Mr Clarke's diagnosis and the causal link, if any, between his alleged experiences at HMAS Leeuwin and his condition. The Tribunal also had to consider whether the incidents of abuse alleged by Mr Clarke had occurred on the balance of probabilities, and if so, whether they materially contributed to his diagnosed condition.

The Tribunal considered extensive medical evidence, including reports from Dr Braganza, Dr Haigh, Dr Lopes, and Dr Sale. These reports consistently indicated a diagnosis of bipolar affective disorder, or cyclothymic personality, with a history dating back to the early 1990s. The medical opinions suggested this was a constitutional condition, and there was no clear evidence that it was materially contributed to by Mr Clarke's service. While the Tribunal acknowledged the DART Report indicated a culture of abuse at HMAS Leeuwin, it found that the DART Report's "plausibility" test was not sufficient to establish the facts on the balance of probabilities required by the Tribunal. Furthermore, Mr Clarke's evidence regarding the identity of an alleged perpetrator and the timing of events was found to be inconsistent, leading the Tribunal to conclude that the balance of probabilities did not favour the occurrence of the specific incidents as alleged.

The Tribunal affirmed the decision under review, finding that the evidence did not establish that Mr Clarke's bipolar affective disorder was materially contributed to by his naval service.