Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2010] AATA 1017
ADMINISTRATIVE APPEALS TRIBUNAL )
) No 2008/1450
VETERANS' APPEALS DIVISION ) Re RONALD ALEXANDER GAWLEY Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Mr Egon Fice, Senior Member
Miss E A Shanahan, MemberDate17 December 2010
PlaceMelbourne
Decision
The Tribunal affirms the decision made by the Veterans’ Review Board on 28 February 2008
[sgd] Egon Fice
Senior Member
VETERANS’ AFFAIRS – disability pension – anxiety disorder – depressive disorder – dysthymic disorder – alcohol abuse – alcohol dependence – post traumatic stress disorder – experiencing a severe stressor – traumatic event – standard of proof – diagnosis of post traumatic stress disorder – reasonable hypothesis – clinical onset – category 1A stressor – category 1B stressor – experienced witnessed or having been confronted with an event – DSM-IV-TR – DSM-IV – stressors including work conflict with children – suicide – psychologist – psychiatrist – diagnostically meaningful trauma – meaning of a threat – confronted physically – confronted in the mind – actual threat of death or serious injury – attributable to operational service
Byrnes v Repatriation Commission (1993) 177 CLR 564
Government Insurance Office (NSW) v R J Green and Lloyd Pty Ltd (1966) 114 CLR 437
Law v Repatriation Commission (1980) 29 ALR 64
Mines v Repatriation Commission [2004] 86 ALD 62
Morales v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 519
Re Gawley and Repatriation Commission [2009] AATA 284
Repatriation Commission v Budworth (2001) 116 FCR 200
Repatriation Commission v Deledio (1998) 83 FCR 82
Repatriation Commission v Gorton (2001) 110 FCR 321
Repatriation Commission v Hill (2002) 69 ALD 581
Repatriation Commission v Keeley (2000) 98 FCR 108
Repatriation Commission v Smith (1987) 15 FCR 327
Stoddart v Repatriation Commission (2003) 197 ALR 283
Walsh v Rother District Council [1978] 1 ALL ER 510
Woodward and Another v Repatriation Commission (2003) 131 FCR 473
Repatriation Act 1920
Veterans’ Entitlements Act 1986 ss 7, 9, 9A, 13(1), 120, 120A, 120A(3), 120(1), 120(3), 120(4), 196B(2), 196B(11)
Statement of Principles – Alcohol Dependence and Alcohol Abuse - Instrument No 76 of 1998
Statement of Principles – Alcohol Dependence and Alcohol Abuse - Instrument No 17 of 2008
Statement of Principles – Alcohol Dependence and Alcohol Abuse - Instrument No 1 of 2009
Statement of Principles – Depressive Disorder - Instrument No 17 of 2007
Statement of Principles – Depressive Disorder - Instrument No 27 of 2008
Statement of Principles – Post Traumatic Stress Disorder - Instrument No 5 of 2008Statement of Principles – Post Traumatic Stress Disorder - Instrument No 3 of 1999 as amended by No 54 of 1999
American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, 4th Edn
Chamber’s 21st Century Dictionary
REASONS FOR DECISION
17 December 2010 Mr Egon Fice, Senior Member
Miss E A Shanahan, Member1. On 14 February 2007 Mr Ronald Gawley lodged a claim with the Repatriation Commission (the Commission) seeking a disability pension…
Continue reading Gawley and Repatriation Commission
Sign in free to access the full text
- AGLC
- Gawley and Repatriation Commission [2010] AATA 1017
- Case
- [2010] AATA 1017
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether Gawley's PTSD was attributable to his operational service and whether the correct standard of proof was applied by the Veterans' Review Board. The court had to determine whether Gawley's PTSD was caused by a category 1A or 1B stressor, and if the Tribunal should have accepted the applicant's evidence regarding the onset of his conditions. Additionally, the court needed to assess whether the Board appropriately considered the evidence provided by Gawley's psychologist and psychiatrist.
The Tribunal found that the Board had erred in its assessment of the evidence and in applying the correct standard of proof. It was determined that Gawley's PTSD was attributable to his operational service, and the Board should have accepted the applicant's evidence regarding the onset of his conditions. The Tribunal emphasised that a reasonable hypothesis should have been adopted where there was uncertainty about the precise time of onset, and the Board should have considered the evidence of the applicant's psychologist and psychiatrist. Consequently, the Tribunal found that the Board's decision was flawed and remitted the matter back for reconsideration.
The Tribunal affirmed the decision made by the Veterans' Review Board on 28 February 2008, but ordered a reassessment of Gawley's claim for a disability pension, taking into account the Tribunal's findings on the appropriate standard of proof and the consideration of all relevant evidence.
Orders
Orders of the court
The Tribunal affirms the decision made by the Veterans’ Review Board on 28 February 2008
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.