Fabian and Military Rehabilitation and Compensation Commission (Veterans' entitlements)

The applicant, Fabian, sought to challenge a decision by the Military Rehabilitation and Compensation Commission regarding his entitlement to compensation for Crohn's disease. The dispute centred on whether the applicant's Crohn's disease constituted a "service injury" or "service disease" under the relevant legislation, and whether it was aggravated or materially contributed to by events or circumstances during his non-warlike service in East Timor. The matter was heard by Deputy President McDermott.

The court was required to determine whether the applicant's Crohn's disease was a service injury or disease, and crucially, whether the symptoms of the disease worsened during his deployment to East Timor. This involved considering whether stress experienced during his service in East Timor aggravated the condition, and whether the applicant's Crohn's disease was present before his deployment.

The Deputy President considered medical evidence indicating that the applicant first presented with abdominal pain, a potential symptom of inflammatory bowel disease, on 27 August 2006. This date predated his deployment to East Timor. Expert opinions from gastroenterologists suggested that the applicant had begun developing Crohn's disease in 2006, with one report noting the persistence of symptoms from August 2006 favouring inflammatory bowel disease. Based on this evidence, the Deputy President found that the applicant had Crohn's disease prior to his deployment. The Deputy President also considered the applicant's submissions regarding section 30 of the Act, but concluded that this section was a definitional provision and did not override the Statement of Principles (SoP) scheme or impose liability on the respondent.

The decision under review was affirmed.