Codd and Repatriation Commission

Case [2004] AATA 876

Administrative

Appeals

Tribunal
 

DECISION AND REASONS FOR DECISION [2004] AATA 876

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No V02/1406

VETERANS' APPEALS  DIVISION )
Re KATHLEEN M. CODD

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr J Handley, Senior Member

Date20 August 2004

PlaceMelbourne

Decision The Tribunal sets aside the decision under review and in substitution IT IS DECIDED that the death of Ronald Kevin Codd was war-caused.

(Sgd)  J Handley

Senior Member

VETERANS’ AFFAIRS – widows application – veteran killed in accident when struck by a train in course of his employment – served as a stretcher bearer in New Guinea – subsequent anxiety – whether SOP 1 of 2000 satisfied – whether deceased experienced a severe psychosocial stressor – whether anxiety precipitated an impairment of concentration – whether hypothesis reasonable – decision set aside

Veterans’ Entitlements Act 1986 (Cth) s8(1)(f), s120A(1) and s120A(3)

Bushell v Repatriation Commission (1992) 175 CLR 408

Byrnes v Repatriation Commission (1993) 177 CLR 564

McKenna v Repatriation Commission (1998) 52 ALD 72

Bull v Repatriation Commission [2001] FCA 1832

Deledio v Repatriation Commission (1997) 47 ALD 261

Repatriation Commission v Hancock [2003] FCA 711

Benjamin v Repatriation Commission [2001] FCA 1879

Connors v Repatriation Commission (2000) 15 ALD 61

Repatriation Commission v McKenna (1998) 52 ALD 72

Repatriation Commission v Stoddart [2003] FCAFC 300

Stoddart v Repatriation Commission (2003) 197 ALR 283

Woodward v Repatriation Commission [2003] FCAFC 160

Dunlop v Repatriation Commission [2003] FCAFC 2001

Repatriation Commission v Deledio (1998) 49 ALD 193

East v Repatriation Commission (1987) 6 AAR 492

Statement of Principles Instrument No. 1 of 2000

Statement of Principles Instrument No. 76 of 1998

REASONS FOR DECISION

20 August 2004 Mr J Handley, Senior Member      

1.      The applicant applies to review a decision of the Veterans’ Review Board (“VRB”) made on 10 October 2002.  The VRB then decided to affirm a decision previously made by the respondent on 6 April 2001 when it then determined that the death of the late Ronald Kevin Codd was not war-caused.

2.      This application is brought by Mrs Codd as the dependent widow of the late Mr Codd who died on 7 December 1968 when a motor vehicle being driven by him in the course of his employment was struck by a train.  Mr Codd was then 45 years of age.

3.      Mr Codd was a member of the Australian Army between 5 October 1942 and 9 August 1946.  During that time he served as a stretcher bearer in New Guinea and – upon the evidence heard and read – was apparently exposed to some horrific events.  Anxiety type illnesses were not accepted as war-caused – it is not known whether they were ever claimed – but it would appear that the veteran did consume alcohol heavily subsequent to service and it was suggested by his widow in evidence that a relationship existed between service and alcohol consumption.

4.      At the date of death the disabilities accepted as war-caused were infected tonsils, chronic…

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AGLC
Codd and Repatriation Commission [2004] AATA 876
Case
[2004] AATA 876
Decision Date

CaseChat Overview and Summary

Codd and the Repatriation Commission were before the Administrative Appeals Tribunal (AAT) in a dispute concerning whether the death of Ronald Kevin Codd was attributable to his war service. The AAT was tasked with reviewing the Commission's decision to deny a war-related death pension. The central issue for the Tribunal was to determine whether the Commission's decision was legally sound, specifically whether it correctly applied the relevant legislative criteria to the facts of the case.

The Tribunal examined the criteria for establishing a war-related death, focusing on whether the deceased's death was caused by a disease or injury incurred during active service, or whether it was aggravated by the service. The AAT considered medical evidence and expert opinions, weighing them against the statutory requirements. The Tribunal found that the Commission had overlooked certain key evidence and had not properly assessed the connection between Codd's military service and his death. The Tribunal concluded that the Commission's decision was flawed due to these oversights.

In light of the Tribunal's findings, it set aside the Commission's decision and substituted it with its own determination that Codd's death was indeed war-caused. This decision was grounded in the evidence presented, which demonstrated a clear link between Codd's service and the cause of his death. The Tribunal's decision ensures that the appropriate benefits are provided to the family of Ronald Kevin Codd.

Orders

Orders of the court

The Tribunal sets aside the decision under review and in substitution IT IS DECIDED that the death of Ronald Kevin Codd was war-caused.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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