Freeman and Repatriation Commission (Veterans' entitlements)

This matter concerned an application for a war widow's pension by the applicant, the widow of a deceased veteran. The dispute centred on whether the veteran's death, caused by a subdural haemorrhage, was attributable to his defence service, specifically in relation to his ischaemic heart disease and smoking habit. The case was heard by Deputy President McDermott of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the veteran's smoking habit arose out of, or was attributable to, his defence service, as defined by section 196B(14) of the relevant Act. This determination was crucial for establishing whether the veteran's death was a "defence-caused death" for the purposes of the war widow's pension claim. The Tribunal also considered the cause of death, noting the death certificate and hospital records indicated a subdural haemorrhage, and that chronic obstructive pulmonary disease and ischaemic heart disease were also identified as causes.

The Tribunal considered evidence that the veteran was a heavy smoker, with a smoking history that predated his defence service. While the applicant suggested the stress of his service as a RAAF policeman contributed to his smoking, the Tribunal found that the veteran's smoking habit did not arise out of, or was not attributable to, his defence service. The Tribunal acknowledged the veteran's service but concluded that, under the legislative scheme, the application could not be granted.

Consequently, the Tribunal affirmed the decision under review, meaning the application for the war widow's pension was dismissed.