Coulton and Comcare - [2000] AATA 966

DECISION AND REASONS FOR DECISION [2000] AATA 966

ADMINISTRATIVE APPEALS TRIBUNAL )

) No Q1999/1333

GENERAL ADMINISTRATIVE DIVISION          )               Q1999/1334
           Re      BRUCE ROBIN COULTON
  Applicant
           And    COMCARE
  Respondent

DECISION

Tribunal Mr. D.W. Muller, Senior Member Brigadier I.R.W. Brumfield, CBE DSO RL, Member Dr. K.P. Kennedy, OBE, Member

Date3 November 2000
PlaceBrisbane

Decision The Tribunal affirms the decisions under review.

...............(Signed)...............................
D.W. MULLER
SENIOR MEMBER
CATCHWORDS
COMPENSATION – workplace injury – incapacity for work
Safety Rehabilitation and Compensation Act 1988: ss6A, 14

REASONS FOR DECISION

Mr. D.W. Muller, Senior Member Brigadier I.R.W. Brumfield, Member Dr. K.P. Kennedy, Member

This is an application to review decisions of the respondent dated 22 March 1995 and 30 May 1996, which respectively determined that the respondent was not liable to pay compensation to the applicant in respect of anxiety state and irritable bowel syndrome.
The applicant, Bruce Robin Coulton, claims that while he was serving in the Australian Army, he was involved in the rescue of a fellow serviceman who had jumped into Darwin Harbour. The applicant claims that during the rescue his head and shoulders went under water within two metres of two crocodiles. He claims that he experienced extreme fear for his own life at the time of the rescue and that as a result, he now suffers from an anxiety state and irritable bowel syndrome. He also claims that a back injury and other distressing incidents contributed to his disabilities.
The relevant history of the applicant as it relates to this review is as follows:
(i)The applicant was born on 18 June 1952.
(ii)He was educated to Year 8 level in New South Wales. He left school at the age of 14 years.
(iii)After leaving school the applicant was employed as a salesman with Woolworths and Coles stores for four years. He then spent two years as a clerical assistant with the Atomic Energy Commission.
(iv)Between 1969 and 1971 he did a stint in the CMF. He then joined the regular Army in 1971, aged 19 years.
(v)The applicant had formed an ambition to be a policeman during his teen years and he made a number of applications to join the New South Wales Police Force. His applications were rejected.
(vi)After he joined the Army, the applicant was able to transfer to the Military Police at Holsworthy. He continued in this capacity until 1974 when he left the Army with the rank of corporal, citing excessive workload and long hours as his reasons for resigning.
(vii)After leaving the Army the applicant was employed as a security officer with G.J. Coles for a year. He then spent four years as their security manager. He claims he was sacked from this position after apprehending the personnel manager's son for criminal activities.
(viii)The applicant had three more periods in the Army reserve between November 1974 and July 1987.
(ix)After leaving G.J. Coles, the applicant started a landscaping business. The landscaping business was eventually declared bankrupt. He lost his home as a result of his bankruptcy. This was a particularly stressful and depressing period in the applicant's life.
(x)In 1980, the applicant was convicted of stealing railway sleepers and fined $200.
(xi)The applicant worked as a private detective under an assumed name for three years. He had to cease when he was required to obtain a licence.
(xii)He then worked as a Scheduler/Clerk for Qantas for a short time.
(xiii)In 1985, the applicant applied to rejoin the Army. The psychologist's report dated 19 August 1985 recorded:
(a)Married ten years, with three young children.
(b)Has played no sport for 10 years – not even socially.
(c)Was given a disability pension in 1974 – still on 30%.
(d)May have difficulty in adjusting to the Army.
(e)Is a definite risk.
His application was not accepted.
(xiv)The applicant was thereafter unemployed for two years.
(xv)The applicant again applied for re-enlistment in the Army in December 1987. He was interviewed by a psychologist as part of the assessment process. On 2 December 1987, the psychologist reported as follows:
"A tall fellow of slim build fair (receding) hair, hazel eyes and fair complexion. Presented as an intense defensive individual. Very inclined to over justify various life events. No evidence of being at ease throughout the I/U.
Test results place him in the poor ability category – education background is poor.
Work history in recent times is poor – been on u/e benefit + 30% disability pension – also ARES (WTO 180 days) for last couple of years. No real attempt to look for work – currently classified legally as bankrupt.
'Neglected' to tell medical corps about disability pension today – this fellow did not impress me. He is definitely playing the system for all it is worth. Spent a long time describing how fit and healthy he was, then would talk about how he wouldn't surrender the pension unless he was enlisted. I believe he would be a poor risk. He presents as if he feels that the world owes him a living and that he's entitled to falsely claim support. A real chip on the shoulder. He has certainly had a rough trot vis a vie business, but there was no indication that he felt himself partially to blame for any of it. It would not surprise me if, in some way he manages to secure life time support (of a greater degree/than his pension) out of his ARA service. A poor risk. However on the basis of his previous accept rating – A2."
(xvi)Despite the above psychologist's report, the applicant was accepted for re-enlistment. However, because of his conviction for stealing, he was not re-admitted to the Military Police.
(xvii)During 1988 the applicant was part of a travelling entertainment unit that toured Australia as the Army Tattoo. The applicant's duties included setting up and dismantling the stage and performing in skits on stage.
(xviii)On 8 September 1988, whilst the Tattoo was in Brisbane, the applicant injured his back playing baseball as part of organised Army sport. He spent approximately five days in hospital and was diagnosed as suffering an L4/L5 disc prolapse.
(xix)The applicant travelled to Darwin with the Tattoo group where they were due to perform in early October 1988. The Tattoo group were quartered aboard the HMAS Jervis Bay in Darwin Harbour.
(xx)While in Darwin, the applicant was not required to work and perform with the Tattoo, because of his bad back. He was given sentry duties on the ship.
(xxi)On the morning of 8 October, the applicant was on gangway duty, when a Private Woods, also a member of the Tattoo unit, returned to the ship drunk and distressed. The applicant heard Woods make suicidal comments, then Woods left the ship and headed along the wharf. The applicant arranged for two other soldiers to follow Woods, Private Wells and Private Dalgleish. Woods jumped into the water, then Wells and Dalgleish followed him in and swam after him but could not catch him. With the assistance of the water police who were nearby, Woods was eventually transported by the police launch back to the wharf and was lifted from the launch by Wells, Dalgleish and a policeman. The applicant, along with some other men, pulled Woods up onto the wharf.
(xxii)On 9 October 1988, Private Woods was charged, a short hearing took place and the matter was referred to the Commanding Officer. Evidence at the hearing in Darwin was taken from the applicant and from one of the rescuers, Private Wells. The evidence was:
Private Coulton:
"On the 8 Oct 88 I was rostered for duty on Jervis Bay as gangway picquit. At approx 0630 hrs Pte Woods returned to the ship in company of two state policeman and one military policeman, suffering from a head wound to the right eye lid and also suffering from intoxication. The military policeman had a conversation with me and as a result I took Pte Woods to the sick bay for medical attention. On the way to sick bay Pte Woods became abusive and violent in his actions and after a short struggle Pte Woods broke free and left the ship. A short time later I asked Pte Clayton and Wells to follow Pte Woods and bring him back to the ships sick bay for medical attention. At approx 0645 hrs Pte Woods jumped from the pier into the water, I then raised help from the ships staff and stores to retrieve Pte Woods from the water. After a struggle involving Pte Woods, Pte Wells, Pte Dalglesh and water police Pte Woods was placed aboard a police launch and returned to shore. Upon arrival myself Bdr Ellis, Pte Wells and Pte Dalglesh had a struggle with Pte Woods from the boat and into the water, and again on the pier. As a result of Pte Woods violent behaviour and the safety of himself and rescuers I called for a set of handcuffs to restrain him from the ship. Pte Woods was restrained in handcuffs for approx 1½ hrs until military police arrived where he was taken into custody. Pte Woods verbal abuse was against the army, and on several occasions he threatened to take his life."
Pte Wells:
"On the 8th October 1988 at approximately 0630am Pte Coulton approached me and said to follow Pte Woods who was extremely drunken and disorderly behavier which I did.
Whilst walking down the pier I approached Pte Daglish from 5/7 RAR and asked for assistance which he gave me. We both followed Pte Woods, he stopped at the edge of the pier. We approached him and asked him to come back to the ship. Pte Woods said "Get fucked/I am not going back/Im going to take my life/Nobody likes me/I've got nothing to live for" more words to that affect were used.
Pte Daglish and myself tried using reverse phycology on Pte Woods. At that time a Police boat was touring around. I approached it and asked for assistance. At the same time Pte Woods jumped into the water. Pte Daglish followed him in and so did I because we thought he was going to take his life by drowning.
We yelled at him to stop swimming, but he wouldn't so we swam to the police boat and climbed in and tried talking him into the boat. Pte Woods still refused, still wanting to take his life he dived under the water for several seconds then surfaced gasping for air.
As we drove closer to him, Pte Woods swam under the boat wanting to take his life by swimming into the propellers. We stopped the engines, at that point I lowered myself into the water. At that point I grabbed Pte Woods and dragged him on board the Police boat with help from the policeman. Once Pte Woods was secured on board we drove to rear end of the Jervis Bay and we were met by Pte Coulton, Bdr Ellis, Pte Cook and a sailor who assisted us in his transfer from the boat to the shore.
Pte Woods was still struggling. Using force we put him the back of a rover and drove to the gangway where he was handcuffed and calmed down while waiting for the MPs."
(xxiii)The applicant was discharged from the Army on 15 May 1989. His Medical Board examination record, dated 2 May 1989, records the following abnormalities only:
"25.Has a small calcified granuloma in Rt h. lobe of lung – still under investigation. (Does not affect him physically at this stage.)
35.Has CMP Both knees for years (since previous service ARA). Can do PT & the aching sets in then & hinders further effort P3 L3.
36.Recent low lumbar back injury – now improved."
(xxiv)Upon discharge, the applicant re-entered the Army reserve and served until 1991.
The applicant's back injury has been accepted by the respondent as being related to his Army service.
On 21 June 1993, the applicant made a claim for rehabilitation and compensation for "anxiety state". His solicitor expanded on the details of the claim by including a letter which contained the following:
"Our client contends that his anxiety state had its genesis in his service as a Military Policeman and Artillery gun number. As a Military Policeman he was required to attend motor vehicle accidents, was involved in riot control at the conclusion of National Service, and participated in military field exercises that were long and intensive. Regarding his Artillery service: our client contends that he was involved in funeral duties for those personnel killed on active service in South Vietnam.
He further contends that the back injuries suffered during his service aggravated his anxiety state."

On 23 November 1993, the applicant made a claim for rehabilitation and compensation for "irritable bowel syndrome". In answer to the question which asked, "What aspects of your employment do you think contributed to your illness or disease?", the applicant replied, "heavy lifting". He claimed that the injury occurred in 1988 while he was working at his usual work place. He could not point to any specific times, dates or incidents.
The applicant claims that around 12 December 1988 he started experiencing chronic diarrhoea, and later began "feeling lousy".
In April 1994, the applicant's solicitor wrote to the Department of Defence and enclosed a report from a gastroenterologist, Dr. Robinson. Dr. Robinson had found nothing of significance on examination but his opinion was:
"These symptoms seem to be fairly typical of an irritable bowel syndrome and I am sure that is occurring on the basis of his stress and anxiety at least some which is related to problems associated with his back and his subsequent discharge from regular work."
In May 1994, the applicant was referred to a surgeon, Sir Clarence Leggett. Sir Clarence concluded that the applicant was suffering from irritable bowel syndrome but that it was not due to his back problem. He said, "This condition arises in nervous individuals, tends to be chronic in duration."
The claim for irritable bowel syndrome was rejected in June 1994.
The claim for irritable bowel syndrome was re-opened in September 1995. On 31 October 1995, the applicant wrote to the Compensation Section and made the following claim:
"Additional information for Claim No. 94/CQR/40. Below is listed possible events that may have caused my irritable bowel syndrome.
1. Back injury September, 1988 (accepted by Defence Comp)
2.Stressfull event – Involved in rescuing a soldier, a Pte. Woods from 1 Tpt. Sqn. Whilst on Army Tattoo Regiment in Darwin N.T. at 6 a.m. in October, 1988 whilst performing sentry duty on H.M.A.S. Jervis Bay I had to rescue a suicidal soldier from crocodile infested waters in Darwin Harbour. This rescue of Pte. Woods was very violent and dangerous both by placing myself at risk by drowning and being attacked by large salt water crocodiles that were only meters away from me.
3.Up to and including these events I did not have any problems with my bowels at all. However, after these events my bowel problems occurred and have progressively gotten worse.
4.Between December, 1988 until discharge from Army Service in May, 1989 I was extensively given medical tests for fault finding the problem with my bowels.
I ask Department of Defence Compensation and Rehabilitation Section to consider the information provided above in my application for irritable bowel syndrome to be accepted as Defence caused."
He wrote a longer letter on 8 November 1995, which made the same claim.
On 7 May 1996, the Department of Defence accepted liability in respect of irritable bowel syndrome. This decision was based on a report by a Dr. Dorrington, gastroenterologist, who thought from the information he was given that the first signs of irritable bowel syndrome had occurred in December 1988, and that the crocodile incident occurred a few days before on 1 December 1988.
The decision to accept liability for irritable bowel syndrome was changed to non-acceptance on 30 May 1996. The decision reads as follows:
"I have decided to revoke the Delegate's determination of 7 May 1996, and have decided that the Commonwealth is not liable for your irritable bowel syndrome, in that it pre-dated the stressful event of 8 October, and thus was not caused by it.
I have had regard to the "Patient Referral and Report" dated 21 December, 1988, a copy of which is attached hereto.
The "Clinical notes" include the following statement: "4/12 Hx abdo discomfort and loose bowel motions x 4/day assoc w halitosis and gurgling of abdo", which means that the doctor noted that for FOUR MONTHS you had been suffering from abdominal discomfort and loose bowel motions, etc.
The stressful incident at Darwin is, by a signed and witnessed "Record of Evidence" provided in copy form by yourself, clearly identified has having occurred on 8 October, 1988.
It is therefore clear that you had been suffering from the symptoms of irritable bowel syndrome for at least a month before the incident. It is thus apparent that the incident of 8 October, 1988, could not have caused it; it was pre-existent. This therefore I believe invalidates Dr Dorrington's opinion in attributing the cause of your condition to your employment on the basis of it having first arisen several days after the events in Darwin.
I thus have no option but to revoke the Delegate's determination on 7 May, 1996."
In relation to the claim for "anxiety state", the applicant was examined by Dr. Jensen, psychiatrist, on 5 January and 1 February, 1995. Dr. Jensen reported that in his opinion the applicant suffered from an "anxiety disorder" which could in part be constitutional and partly due to his back condition. Dr. Jensen did not believe that the applicant's anxiety disorder was of sufficient severity to prevent him from working.
Dr. Jensen also reported that at the time of his examination, the applicant supplied him with several pages of events that had worried him while he was in the Army. Included in the list of events was the Darwin crocodile incident. The handwritten description of the incident contains the following (among other things):
"I raised the alarm and organised a number of sailors and soldiers to apprehend Pte Woods who was threatening to jump into Darwin Harbour which was full of dozens of salt water crocodiles. He kept saying he wanted to die. Shortly later he jumped into the water with the crocs and disappeared. Two soldiers who I had organised to help, jumped into the water and brought him to the surface. I also tried to assist by pulling him out of the water however I was so scared of the crocodiles I still carried out my helping by pulling him out of the water by his feet. I then handcuffed him by his hand and feet to restrain him from jumping back into the water. Whilst I was restraining him I was on many occasions, nearly knocked into the water where you could see the crocodiles, only 2 to 3 mtrs away. (Very scared and fearfull of being attacked by crocodiles.)
The claim for "anxiety state" was rejected on 22 March 1995 on the ground that the applicant's "anxiety disorder" did not arise as a result of his service.
The applicant sought a reconsideration of the decision to deny liability for "anxiety disorder".
The applicant was examined by Dr. Reddan, psychiatrist, on 5 December 1996. The applicant told Dr. Reddan about the Darwin Harbour incident. Dr. Reddan recorded that the applicant described the initial problems with the drunken, suicidal soldier and then went on to say:
"In the meanwhile, the soldier ran to the end of the pier and jumped off into the water and disappeared. Mr Coulton stated that at that stage, he saw some Taiwanese fishermen holding up a salt water crocodile carcase and he stated that he knew that the harbour was infested with crocodiles. He stated that he and the others jumped into the water to rescue the soldier and in the meantime, the water police arrived. He stated that the soldier violently resisted and even after he was gotten into the water police boat, he jumped out again. He stated that at that stage, there were four of them in the water, including himself, trying to restrain the soldier. He stated that the water police refused to get into the water. He stated that he could recall seeing two crocodiles only two metres away in the water and he felt extremely frightened. He stated that eventually he was able to handcuff the soldier. He stated that the police subsequently took the soldier away and he was later discharged from the service. He stated that these events all occurred at approximately 6.00am. He stated that he continued about his duties and at that stage, had no symptoms."

Dr. Reddan noted that the applicant's description to her of the crocodile incident was different to the accounts in the records in that he told her that he had jumped in the water but that the other statements suggested that he had not entered the water. Dr. Reddan found that the applicant did not display the usual hyperarousel, hesitancy of speech, disorganisation of thought processes and poor attention and concentration, seen in those with disabling conditions, such as generalised anxiety disorder or post-traumatic stress disorder. Dr. Reddan was of the opinion that the applicant had a personality disorder.
The claim for "anxiety state" was again rejected on 13 May 1997.
The applicant was examined by a consultant psychiatrist, Dr. Knox, on 15 September 1999. The report of Dr. Knox, dated 15 September 1999, contains the following observations (among other things):
"Due to financial difficulties Mr Coulton rejoined the army in 1987. He worked successfully until the stress of the 1988 incident described in his statement. During the efforts to rescue the intoxicated, suicidal soldier Mr Coulton faced the risk of death himself, when he and the man were struggling in the water in the vicinity of a large crocodile, and earlier in the piece Mr Coulton had felt very concerned for the wellbeing of two other men who had gone to the soldier's assistance in the vicinity of crocodiles. At that time crocodiles were very prevalent in Darwin harbour.
Characteristic of Posttraumatic Stress Disorder, Mr Coulton's behaviour swings from extreme avoidance to highly agitated arousal.
Mr Coulton's physical and psychological health problems are chiefly the result of the very stressful experiences he underwent while serving in the Australian army. There had been other stresses in his life but these do not have the magnitude of the experiences encountered in the course of his army service; these events involving frequent experiences of injury and death, and serious risk to himself. The experience in October of 1988 clearly finally overloaded Mr Coulton's capacity to cope. He then fell into a pattern of disturbed physical health on account of his irritable bowel syndrome and injured back. Psychiatric symptoms followed and became increasingly severe and disabling."
Dr. Knox also gave oral evidence to the Tribunal. When it was pointed out to him that the applicant's account to him of the crocodile incident was probably not accurate, Dr. Knox said that the applicant's post traumatic stress disorder could have been brought on by his being depressed due to his back problems. Dr. Knox offered the theory that the applicant had lost his sense of good self-image by being prevented by his back problems from continuing as a Military Policeman.
It is clear that the applicant and his legal advisers have now focussed on the crocodile incident in Darwin Harbour as the cause for his anxiety disorder, or post traumatic stress disorder, and his irritable bowel syndrome. There is also the late theory put forward by Dr. Knox that the back injury could be a cause.
There is considerable dispute as to whether or not there were any crocodiles visible at the time of the episode. There is considerable doubt as to whether or not the applicant actually got into the water.
At the Tribunal hearing the applicant gave an account of the Darwin Harbour incident which contained the following:
After raising the alarm the ships four wheel drive was brought to the gangway whereupon others and myself loaded the vehicle with the necessary rescue equipment, we then drove the vehicle to the end of the pier where Private Woods had gone. Upon arrival at the end of the pier and alighting from the vehicle I saw in the water, Private Woods and the two Infantry soldiers trying to rescue him.
At the same time on another pier close by there were two Tywanesse fishermen, they were holding up in the air with their hands for us to see a salt water crocodile carcass and were screaming and pointing towards the soldiers in the water indicating that there were crocodiles close by to where they were swimming.
Whilst Private Woods was in the water he kept shouting words to the effect that he wanted to die, he hated the Army and he had nothing to live for and subsequently then disappeared from view under the water. The two Infantry soldiers in the water with him upon seeing this both went under the water and brought him back to the surface struggling violently with him.
At this time a Waterpolice launch was doing a routine patrol nearby and I summons his assistance to help in the rescue. The police launch reversed up to the three soldiers in the water and tried to get Private Woods into the back of the boat, however, a violent struggle pursued in the water and Private Woods broke free of his helpers and went under the police launch with the propellers in motion. The police launch was then turned off so as not to harm Private Woods with the propellers and both Infantry soldiers went under the water and under the police launch and retrieved Private Woods.
Private Woods was then placed on the back of the police launch and then brought back by water in the back of the police launch to the rear of HMAS Jervis Bay. I then drove the Army vehicle to the rear of the ship in company with two other service personnel.
As the police launch reversed towards the pier I could see Private Woods struggling violently in the back of the police launch with one policeman and the two Infantry soldiers, he was trying to break free and escape. As the police launch stopped beside the pier I then became physically involved in the removal of Private Woods from the launch to the pier, the struggle and violent behaviour of Private Woods and his screaming abuse continued.
Whilst standing on the pier and as I grabbed hold of Private Woods from the back of the police launch I struggled with him and as a result he partially broke free and went head first into the water between the police launch and pier. I then immediately proceeded to grab him which I did by both ankles and due to his weight and violent struggling he went straight into the water upside down.
I then was held by other service personnel from the pier and I was struggling with him whilst holding both of his ankles upside down in the water. It was at this time whilst we were both struggling together and with the assistance of others both on the police launch and pier, I noticed a large salt water crocodile approximately two to three metres away. At this stage I felt intense fear that either myself or Private Woods could be attacked. I continued the struggle with him and others and I eventually removed him from the water to the pier, which was very difficult because he had no clothes on and he was very slippery whilst trying to grip or hold him.
Two other people and myself dragged him safely onto the pier and because of his continual violent struggling and trying to escape I called for two sets of handcuffs from the ships armory to restrain private Woods. I was only able to use one pair of handcuffs to restrain him partially as the second set malfunctioned."

The applicant's wife gave evidence to the Tribunal that the applicant told her about the crocodile incident in 1988 and that the version he gave her then was the same as the one he gave to the Tribunal at the hearing.
The Tribunal had the benefit of receiving written and oral evidence from Adam Wells, who had been Pte Wells in Darwin in October 1988. Mr. Wells had made the statement on 9 October 1988 which is set out in paragraph 3 (xxii) above. At the Tribunal hearing, Mr. Wells expanded on his original statement and went on to say:
"By the time Private Dalgleish and I reached him, Private Woods was standing on the corner of the end of the pier. It was low tide, and there was about a six foot drop between the pier and the water. Private Dalgleish and I approached Private Woods and asked him to accompany us back to the ship.
Private Dalgliesh and I tried to talk Private Woods out of jumping into the water.
A police launch approached us, manned by one policeman. I asked the policeman to hang around, in case there was any trouble.
Private Woods then jumped into the water.
Private Dalgleish and I stripped down to our underwear and jumped into the water after Private Woods. Private Woods was swimming away from the pier. We yelled at Private Woods to stop swimming away, but he kept swimming.
Private Dalgleish and I swam over to the police launch, and got into it. The launch then approached Private Woods, and Private Dalgleish and I tried again to talk to Private Woods. Private Woods refused to get into the police launch, and then attempted to swim under the police launch with the propellers going. The policeman stopped the police launch's engine, and the three of us (the policeman, Private Dalgleish and myself) managed to haul Private Woods out of the water and into the police launch.
The police launch then drove over to the opposite end of the pier to which Private Woods hand jumped from, and moved alongside the pier. There was a group of people standing on the pier, although I cannot remember how many or who was present.
Private Woods had to be lifted from the police launch onto the pier. Private Woods was still struggling at this time. The policeman, Private Dalgleish and I lifted Private Woods, and the persons on the pier assisted in transferring Private Woods onto the pier. I do not recall whether Private Woods fell into the water again at this time.
During the incident nobody except Private Woods, Private Dalgleish and myself entered the water. None of the persons assisting to transfer Private Woods from the police launch to the pier were required to enter the water, or the police launch. They all remained on the pier.
I did not see any crocodiles in the water at any time during the incident. I did not hear anyone shouting or screaming that there were any crocodiles in the water. I was not told by anybody after the incident that there had been any crocodiles spotted in the vicinity of the incident. I am aware that there were crocodiles in Darwin Harbour at this time, as people had told me that they could be heard feeding off the boats at night time. However, I did not think to look for crocodiles during the period when I was in the water or in the police launch.
I was not in fear for my safety at any time during the incident."
Mr. Wells went on to say that the applicant's version of events in which the applicant described himself as holding on to Pte. Woods in the water whilst being held by others on the pier would have been impossible due to the height difference between the boat and the pier. There was a low tide and the difference was about six feet.

The witness, the applicant and the contemporaneous statements all agree on one thing at least. Crocodiles were never mentioned by anyone on the day of the rescue, nor on the following day at the Army hearing.
The Tribunal accepts the version of the Darwin Harbour incident given by Mr. Wells. It is inconceivable that if there had been crocodiles in the vicinity of the rescue, there would have been no mention made of that fact at the time. The Tribunal rejects all of the various versions of the incident given by the applicant to his solicitors, psychiatrists and to the Tribunal.
The Tribunal rejects all of the diagnoses of the psychiatrists who have based their diagnoses on accepting that the applicant's life was placed in peril during his valiant attempt to save a suicidal soldier by diving into crocodile infested waters. The Tribunal also rejects the conclusions drawn by Dr. Knox to the effect that the applicant had post traumatic stress disorder as a result of his loss of self-esteem because he was unable to continue as a Military Policeman due to his back injury. The applicant was rejected as a candidate for the Military Police in his second term with the Army because of his civilian conviction for dishonesty.
The Tribunal accepts the diagnosis of Dr. Reddan that the applicant suffers from a personality disorder which has nothing to do with his service in the Army.
It is difficult to see how any of the applicant's Army service has had anything to do with his claimed illnesses. His first stint ended in 1974. He spent the next thirteen or so years in civilian occupations with three periods in the Army Reserve. His second stint lasted for not much more than twelve months during which he was involved in the Army Tattoo for most of it. Apart from hurting his back while playing baseball and the rescue of the drunken soldier, nothing much of note happened. He spent the following two years in the Army Reserve.
The Tribunal affirms the decisions made on behalf of the Department of Defence to deny liability for the claimed disabilities.
I certify that the 33 preceding paragraphs are a true copy of the reasons for the decision herein of Mr. D.W. Muller, Senior Member; Brigadier I.R.W. Brumfield and Dr. K.P. Kennedy,
Members.
Signed:         .....................................................................................
           R. Hayes, Associate
Date/s of Hearing  29, 30, 31 May 2000, 1 June 2000
Date of Decision  3 November 2000
Counsel for the Applicant        Mr. S. Pilkinton
Solicitor for the Applicant         Richards, Solicitors
Counsel for the Respondent    Mr. P. Bickford
Solicitor for the Respondent    Australian Government Solicitor