Cockburn and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by the applicant, Mr. Cockburn, against a decision of the Military Rehabilitation and Compensation Commission. The applicant had completed national service in 1956 and part-time national service from 1956 to 1958. He developed prostate cancer in 2010 and sought compensation, alleging that he commenced smoking and established a habit of smoking due to his national service, and that this smoking contributed to his cancer to a substantial degree.

The Administrative Appeals Tribunal was required to determine two key issues: first, whether the applicant commenced smoking and established a habit of smoking as a consequence of his national service; and second, whether the applicant's smoking contributed to the development of his prostate cancer to a "substantial degree."

The Tribunal considered evidence from the applicant, including his statements that he commenced smoking during national service because smokers were afforded breaks while non-smokers were given extra duties. Family members also provided statements supporting the assertion that he did not smoke before national service. However, the Tribunal found that the applicant's smoking habit did not cause the development of his prostate cancer to a substantial degree. Consequently, the Tribunal affirmed the decision under review.