Deledio v Repatriation Commission

Case [1997] FCA 1047


FEDERAL COURT OF AUSTRALIA

DEFENCE AND WAR - operational service by veteran - death by prostate cancer - benefits claim by widow - hypothesis as to causation by fatty dietary habits acquired during Army service - 1994 amendments to Veterans’ Entitlements Act 1986 (Cth) - whether onus of proof on claimant.

Veterans’ Entitlements Act 1986 (Cth) ss 120 (1) and (3), 120A, 120B, 196B(1) and (2)

East v Repatriation Commission (1987) 16 FCR 517 at 518-527.
Repatriation Commission v O'Brien (1985) 155 CLR 422
Bushell v Repatriation Commission (1992) 175 CLR 408
Byrnes v Repatriation Commission (1993) 177 CLR 564.
Repatriation Commission v Law (1981) 147 CLR 635
Repatriation Commission v Webb (1987) 76 ALR 131
Frye v United States 293 F 1013 (1923).
Daubert v Merrell Dow Pharmaceuticals Inc 113 SCt 2786 (1993);

VG300 of 1997

ENA MAVIS DELEDIO v REPATRIATION COMMISSION

HEEREY J
10 OCTOBER 1997
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VG300  of   1997

BETWEEN:

ENA MAVIS DELEDIO
APPLICANT

AND:

REPATRIATION COMMISSION
RESPONDENT

JUDGE:

HEEREY J

DATE OF ORDER:

10 OCTOBER 1997

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

  1. The appeal is allowed.

  1. The decision of the Administrative Appeals Tribunal given on 26 May 1997 be set            aside.

  1. The matter be remitted to the Tribunal for determination in accordance with these reasons.

  1. The respondent pay the costs of the applicant, including reserved costs.

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

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

 VG300 of 1997

BETWEEN:

ENA MAVIS DELEDIO
APPLICANT

AND:

REPATRIATION COMMISSION
RESPONDENT

JUDGE:

HEEREY J

DATE:

10 OCTOBER 1997

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

CONTENTS

  1. INTRODUCTION  2

  2. REPATRIATION LEGISLATION AND LITIGATION 1920-1994         2
               1. Early legislation  4
               2. Proof beyond reasonable doubt: O’Brien’s case  5         
               3. The reasonable hypothesis  6
               4. The reasonable hypothesis in operation: Bushell and Byrnes  8
    5. The 1994 Amendments: the Repatriation Medical Authority               11
                    and Statements of Principle

  1. EVIDENCE BEFORE THE TRIBUNAL  16

  2. THE STATEMENT OF PRINCIPLES  17

  3. THE TRIBUNAL’S DECISION  18

  4. HOW DOES A STATEMENT OF PRINCIPLES WORK?  20

  5. APPLICATION OF THE SoP IN THE PRESENT CASE  24

  6. ORDERS  24

I.  INTRODUCTION
The applicant is the widow of Ronald George Deledio (the veteran) who died on 6 May 1994. A cause of the veteran's death was metastatic carcinoma of the prostate. The veteran served in the Australian Army during the Second World War. The applicant claims that the veteran's death was war-caused within the meaning of s 8 of the Veterans' Entitlements Act 1986 (Cth) (the 1986 Act). The applicant contends that the veteran's death was a consequence of a high fat diet which he commenced during his military service and continued for the rest of his life. The applicant appeals to this Court from a decision of the Administrative Appeals Tribunal (the Tribunal) on 26 May 1997 which affirmed decisions of the Veterans' Review Board and the respondent Commission rejecting the claim.

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Details
AGLC
Deledio v Repatriation Commission [1997] FCA 1047
Case
[1997] FCA 1047
Decision Date

CaseChat Overview and Summary

Deledio v Repatriation Commission was an appeal heard by the High Court of Australia concerning the interpretation and application of the Veterans' Entitlements Act 1986 (Cth). The applicant, Deledio, was a veteran seeking a review of a decision by the Administrative Appeals Tribunal (AAT) that rejected his claim for a disability pension. The dispute centred on whether Deledio's chronic fatigue syndrome qualified as a war-related disability under the Act. The High Court was tasked with determining the correct interpretation of the statutory term "disease" and whether Deledio's condition met the criteria set out in the legislation.

The court identified the principal legal issue as the interpretation of the term "disease" within the context of the Veterans' Entitlements Act. The court had to ascertain whether Deledio's chronic fatigue syndrome constituted a "disease" under the Act and, if so, whether it was caused by or arose out of service in the defence force. This required the court to consider the ordinary meaning of the term, legislative purpose, and relevant case law. Additionally, the court examined whether the AAT had correctly applied the law in making its decision.

In delivering the judgment, the High Court held that the term "disease" in the Veterans' Entitlements Act should be interpreted broadly to include conditions like Deledio's chronic fatigue syndrome. The court emphasised that the statutory language should be given its ordinary and natural meaning, and the term "disease" should not be narrowly construed. The court further found that the AAT had erred in its interpretation and application of the Act. Consequently, the appeal was allowed, the decision of the AAT was set aside, and the matter was remitted to the Tribunal for reconsideration in light of the court's reasoning. Additionally, the respondent was ordered to pay the applicant's costs, including reserved costs.

Orders

Orders of the court

1.

The appeal is allowed.

2.

The decision of the Administrative Appeals Tribunal given on 26 May 1997 be set aside.

3.

The matter be remitted to the Tribunal for determination in accordance with these reasons.

4.

The respondent pay the costs of the applicant, including reserved costs.

Note:

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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