Cox and Repatriation Commission

[2008] AATA 368

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 368

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2005/1341

VETERANS’ APPEALS DIVISION		)
Re		DIANE VIOLET COX

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Ms Robin Hunt, Senior Member
Dr Maxwell Thorpe, Member

Date6 May 2008

PlaceSydney

Decision The Tribunal sets aside the decision under review and substitutes a decision that the late Mr Cox's death was war-caused and defence-caused. The matter is remitted to the respondent to assess the rate of war widows’ pension applicable to the applicant.

...................[Sgd]....................

Ms Robin Hunt
  Senior Member

CATCHWORDS

Veterans’ Affairs – claim by widow – veteran performed operational service and eligible service – death by suicide – claim that suicide attributable to service – meaning of attributable to service – exposure to asbestos – reading of article triggering depression – adjustment disorder caused by fear of contracting asbestosis – disorder led to suicide – causation attributable to service – decision set aside.

Veterans' Entitlements Act 1986 ss 6-6F, 7, 8(1)(b),13(1), 14, 120(4), 196B(14)

Statement of Principles concerning suicide or attempted suicide No. 71 of 1996, as amended by Instrument No. 177 of 1996
Statement of Principles concerning suicide or attempted suicide No. 72 of 1996, as amended by Instrument No. 178 of 1996
Statement of Principles concerning adjustment disorder No. 57 of 1996

Statement of Principles concerning adjustment disorder No. 58 of 1996

Benjamin v Repatriation Commission (2001) 70 ALD 622

Crane and Repatriation Commission [2003] AATA 447

McKenna v Repatriation Commission (1999) 86 FCR 144

PMT Partners Pty Limited v Australian National Parks and Wildlife Service (1995) 184 CLR 301

Repatriation Commission v Bendy (1989) 18 ALD 144

Repatriation Commission v Hawkins (1993) 45 FCR 205

Repatriation Commission v Law (1980) 31 ALR 140

REASONS FOR DECISION

6 May 2008 Ms Robin Hunt, Senior Member
Dr Maxwell Thorpe, Member  

summary

1.      Mrs Diane Violet Cox is the widow of the deceased veteran, Mr Leslie Cox. Mr Cox was exposed to asbestos dust during periods of operational service and defence service which he performed in the Royal Australian Navy. Mrs Cox believes her late husband’s suicide was attributable to his fear of contracting an asbestos related disease due to his exposure to asbestos during service periods. Mr Cox, who already had a lung disease, committed suicide after reading an article about the fate of other servicemen who had died of asbestos related diseases. Mrs Cox is seeking the widow’s pension. We have found that the late Mr Cox’s death was both war-caused and defence-caused, following a chain of events starting with his exposure to asbestos dust during service, his lung disease, the reading of the article and his developing depression which led to his suicide. The date of effect of our decision is 3 December 2004.

issue

2.      The issue for the Tribunal is whether the veteran’s “kind of death”, which was death by suicide, was related to his service in such manner that it was war-caused and/or defence-caused. The only…