Fuller and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by a veteran for eligibility for a veteran gold card, with the dispute centering on whether the veteran had rendered qualifying service. The decision was made by Deputy President Sosso P.

The legal issue before the Tribunal was whether the veteran had been allotted for duty in one or more of the operational areas specified in Schedule 2 to the relevant Act during the prescribed time periods. This required determining whether the conditions for being "allotted for duty" under section 5B(2) of the Act were met, which involved both the issuance of a written instrument by the Defence Force and actual service within a designated operational area.

The Tribunal considered the requirements of section 5B(2), noting that an instrument of allotment could include various official Defence Force directives. It was established that allotment for duty in a prescribed operational area does not necessitate the rendering of any particular type of service, but rather is a matter of geographic and temporal presence. Furthermore, the Act does not stipulate a minimum period of service within an operational area, with prior decisions indicating that even short periods can be sufficient. The Tribunal specifically addressed an amendment to the relevant Instrument in 2015, which narrowed the scope of coverage to aircrew members of Australian Air Force Detachment Sangley Point who served on Operation Trimdon between 2 June and 13 June 1965.

The Tribunal concluded that the veteran's only recourse was of a policy nature, suggesting submissions to the Minister responsible for the administration of the Act. The decision under review was affirmed.