Constable v Repatriation Commission

[2005] FCA 928

FEDERAL COURT OF AUSTRALIA

Constable v Repatriation Commission [2005] FCA 928

VETERANS’ ENTITLEMENTS – statement of principles – applicant claims alcohol abuse/dependence is a war-caused disease –applicant claims to have experienced a severe stressor of casualty clearance whilst in operational service

ADMINISTRATIVE APPEALS TRIBUNAL – review of decision – question of law – whether the material points to a hypothesis that fits the relevant template in the applicable statement of principles

WORDS AND PHRASES – ‘might evoke intense fear, helplessness or horror’, ‘severe stressor’, ‘reasonable hypothesis connecting’, ‘war-related’, ‘war caused disease’, ‘witnessing casualty clearance’

Veterans’ Entitlements Act 1986 (Cth) ss 120, 120A, 196B

Repatriation Commission v Deledio (1998) 83 FCR 82 followed
Dixon v Repatriation Commission (1999) 29 AAR 235 followed
Repatriation Commission v Hill (2003) 69 ALD 581 referred to
White v Repatriation Commission (2004) 39 AAR 67 distinguished
Stoddart v Repatriation Commission (2004) 74 ALD 366 considered
Repatriation Commission v Stoddart (2004) 77 ALD 67 referred to
Woodward v Repatriation Commission (2004) 75 ALD 420 considered

The New Shorter Oxford English Dictionary, (ed) L Braun, Claredon Press, Oxford (1993)

ROBERT PATRICK CONSTABLE v REPATRIATION COMMISSION

QUD 240 OF 2004

DOWSETT J
8 JULY 2005
BRISBANE (HEARD IN TOWNSVILLE)

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 240 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	ROBERT PATRICK CONSTABLE APPLICANT
AND:	REPATRIATION COMMISSION RESPONDENT
JUDGE:	DOWSETT J
DATE OF ORDER:	8 JULY 2005
WHERE MADE:	BRISBANE (HEARD IN TOWNSVILLE)

THE COURT ORDERS THAT:

1.The decision of the Administrative Appeals Tribunal dated 4 November 2004 be set aside;

2.The matter be remitted to the Administrative Appeals Tribunal for further consideration in accordance with law;

3.        The respondent pay the applicant’s costs of the proceedings.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 240 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	ROBERT PATRICK CONSTABLE APPLICANT
AND:	REPATRIATION COMMISSION RESPONDENT

JUDGE:	DOWSETT J
DATE:	8 JULY 2005
PLACE:	BRISBANE (HEARD IN TOWNSVILLE)

REASONS FOR JUDGMENT

1. The applicant was born on 1 August 1941 and enlisted in the Australian Regular Army on 4 November 1958. During 1963 and 1964 he served in Papua and New Guinea as a driver/storeman in an engineering unit.  He volunteered for service in Vietnam and served with 17Construction Squadron at Vung Tau and Nui Dat from 23 July 1969 until 23 July 1970.  When he was posted to Vietnam he held the rank of temporary corporal and was promoted to that substantive rank on 10 June 1970.  Between 15 April 1970 and 15 July 1970 he carried out the duties of a sergeant.  He left the Army on 4 November 1979 and worked until December 1983 as a driver with a security company.  He lost that job because of a drink-driving offence and then worked as a security officer, as a cleaner and as a groundsman/maintenance…