Gibson and Repatriation Commission

Case [2004] AATA 870



CATCHWORDS – VETERANS’ AFFAIRS – whether post traumatic stress disorder war-caused – application of Statement of Principles – whether experienced severe stressor – whether reasonable hypothesis – whether satisfied beyond reasonable doubt that condition not war-caused – decision set aside.

Veterans’ Entitlements Act 1986 ss. 5AB, 8, 9, 120, 120A and 196B

Repatriation Commission v Cooke (1998) 90 FCR 307
Benjamin v Repatriation Commission [2001] FCA 522
Repatriation Commission v Budworth [2001] FCA 1421
Repatriation Commission v Smith (1987) 74 ALR 537; (1987) 15 FCR 327; (1987) 12 ALD 798; (1987) 7 AAR 17
Bushell v Repatriation Commission (1992) 175 CLR 408
Byrnes v Repatriation Commission (1993) 116 ALR 210
Deledio v Repatriation Commission (1997) 47 ALD 261
Repatriation Commission v Deledio (1998) 27 AAR 144
McLean v Repatriation Commission [2001] FCA 1505
Re Slattery and Repatriation Commission [1998] AATA 427
Woodward v Repatriation Commission [2003] FCAFC 160
Stoddart v Repatriation Commission (2003) 197 ALR 283
Law v Repatriation Commission (1980) 29 ALR 64

DECISION AND REASONS FOR DECISION [2004] AATA 870

ADMINISTRATIVE APPEALS TRIBUNAL     )          
  )          S2001/149-150
VETERANS’   APPEALS   DIVISION                )          

Re                  BRUCE WARWICK GIBSON

Applicant

And               REPATRIATION COMMISSION

Respondent

DECISION

Tribunal:                   Deputy President S A Forgie
Date:  18 August, 2004
Place:  Adelaide

Decision:The Tribunal

1.set aside the decision of the Repatriation Commission dated 22 March, 2000 and affirmed by the Veterans’ Review Board on 5 February, 2001 regarding the applicant’s claim for Post Traumatic Stress Disorder;

2.substitute for that decision, a decision that the applicant’s Post Traumatic Stress Disorder was war-caused within the meaning of s. 9 of the Veterans’ Entitlements Act 1986; and

3.adjourn further consideration of the decisions of the Repatriation Commission dated 22 March, 2000 and affirmed by the Veterans’ Review Board on 5 February, 2001 regarding the applicant’s claims for hypertension and ischaemic heart disease.


S A FORGIE
  Deputy President

ADMINISTRATIVE APPEALS TRIBUNAL     )

)          S2001/149-150

GENERAL ADMINISTRATIVE DIVISION      )

Re:BRUCE WARWICK GIBSON

Applicant

And:REPATRIATION COMMISSION

Respondent

Tribunal:  Deputy President S A Forgie

Place:  Melbourne

Date:  30 September 2004

CORRIGENDUM TO DECISION [2004] AATA 870

The Tribunal amends its decision and reasons for decision published on 18 August 2004 as follows:

Cover Page

heading

delete “S2001/149-150”

insert “S2001/149”

S A FORGIE

Deputy President

ADMINISTRATIVE APPEALS TRIBUNAL     )

)          S2001/149

GENERAL ADMINISTRATIVE DIVISION      )

Re:BRUCE WARWICK GIBSON

Applicant

And:REPATRIATION COMMISSION

Respondent

Tribunal:  Deputy President S A Forgie

Place:  Melbourne

Date:  7 September, 2004

CORRIGENDUM TO DECISION [2004] AATA 870

The Tribunal amends its decision and reasons for decision published on 18 August, 2004 as follows:

Decision

Delete the contents of Decision.

Substitute the following words:

“1.      set aside the decision of the Repatriation Commission dated 22                  March, 2000 and affirmed by the Veterans; Review Board on 5   February, 2001 regarding the applicant’s claim for Post   Traumatic Stress Disorder; and

2. substitute for that decision, a decision that the applicant’s Post Traumatic Stress Disorder was war-caused within the meaning of s.9 of the Veterans’ Entitlements Act 1986.”

Reasons…

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Gibson and Repatriation Commission [2004] AATA 870
Case
[2004] AATA 870
Decision Date

CaseChat Overview and Summary

Bruce Warwick Gibson applied for review of decisions of the Repatriation Commission which had refused his claim that his post traumatic stress disorder should be accepted as a war-caused disease within the meaning of the Veterans’ Entitlements Act 1986. The Tribunal found that the applicant had experienced two severe stressors during his operational service on the Sydney. Their combined effect led him to have experienced, witnessed, or been confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others. One of those stressors was what I have referred to as the midshipman incident and the other was the pulsating boiler incident. The Tribunal set aside the decision of the Repatriation Commission and substituted for that decision, a decision that the applicant’s Post Traumatic Stress Disorder was war-caused within the meaning of s.9 of the Veterans’ Entitlements Act 1986. The Tribunal also adjourned further consideration of the decisions of the Repatriation Commission regarding the applicant’s claims for hypertension and ischaemic heart disease.

Orders

Orders of the court

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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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