Gilbert and Repatriation Commission

Case [2005] AATA 816


Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 816

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/957

VETERANS' APPEALS DIVISION

)

Re ALAN GILBERT

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr SC Fisher, Member

Date25 August 2005

PlaceBrisbane

Decision The Tribunal affirms the decision under review.

................... .[Sgd]......................

SC Fisher
  Member

CATCHWORDS

VETERANS’ AFFAIRS –Veteran’s Entitlement Act – Depressive disorder – operational service aboard HMAS Sydney – war caused injury during eligible service – no causative link between perceived loss of friends during war and Statement of Principles - Deledio applied – decision under review affirmed

Veterans’ Entitlements Act 1986 ss 119, 120, 196B

Ajka Pty Ltd v Australian Fisheries Management Authority [2003] FCA 248
Bantick and Secretary, Department of Family and Community Services [2003] AATA 472
Bramwell v Repatriation Commission (1998) 51 ALD 56
Browne v Dunn (1893) 6 R 67 (HL)
Bull v Repatriation Commission [2001] FCA 1832
Byrnes v Repatriation Commission (1993) 177 CLR 564
Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598
Fenner v Repatriation Commission [2005] FCA 27
Grundman v Repatriation Commission [2001] FCA 892 and [33]; (2001) 66 ALD 125
Haughey and Repatriation Commission [2005] AATA 189
Hill v Repatriation Commission [2005] FCAFC 23
Kattenberg v Repatriation Commission (2002) 73 ALD 365
Levi v Colgate Palmolive Pty Ltd (1941) 41 SR (NSW) 48
Mines v Repatriation Commission [2004] FCA 1331
Morgan v Repatriation Commission [2005] AATA 458
Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383,
Nader v Urban Transit Authority (NSW) (1985) 2 NSWLR 501
 O’Grady v Northern Queensland Co Ltd (1990) 169 CLR 356
Parnell-Schoeneveld v Repatriation Commission [2003] FCA 153 at [46]; (2003) 74 ALD 37
Re Ahrenfeld and Repatriation Commission (1992) 28 ALD 921
Re Hillier and Repatriation Commission [2004] AATA 897
Re Williamson and Repatriation Commission [2004] AATA 1185 at [56] – [59]).
Repatriation Commission v Deledio (1998) 83 FCR 82
Repatriation Commission v Bey (1997) 79 FCR 364 at 373; (1997) 47 ALD 481
Repatriation Commission v Stoddart [2003] FCAFC 300; (2003) 38 AAR 176
Schmidt v Repatriation Commission [2004] FCA 1158 at [5]
Secretary, Department of Social Security v Murphy [1998] 809 FCA
White v Repatriation Commission [2004] FCA 633
Woodward v Repatriation Commission [2003] FCAFC 160

REASONS FOR DECISION

Mr SC Fisher, Member       

25 August 2005

Introduction And Background

1.      Mr Allan Phillip Gilbert (the Applicant) served in the Royal Australian Navy from 30 June 1961 until 29 June 1970.

2.      The Applicant rendered operational service on board the HMAS Sydney as the Captain’s Valet on 12 occasions when this ship was used in taking troops, equipment and supplies from Australia to South Vietnam between 8 April 1967 and 5 March 1970 in Sydney.  The Applicant also has an earlier period of operational service on board the HMAS Melbourne from 31 May 1965 to 22 June 1965.

Jurisdiction

3.      This appeal is governed by the Veterans’ Entitlements Act 1986 (Cth) (“the Act”). The Tribunal…

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Details
AGLC
Gilbert and Repatriation Commission [2005] AATA 816
Case
[2005] AATA 816
Decision Date

CaseChat Overview and Summary

The applicant, who served on board HMAS Sydney during the Second World War, sought a review of a decision by the first respondent, the Repatriation Commission, that he was not entitled to compensation under the Veterans’ Entitlements Act 1986 for a depressive disorder. The primary ground for the review was that his condition arose out of operational service during the war. The Commission’s decision was affirmed by the Administrative Appeals Tribunal, and the applicant sought further review by the Federal Court. The central issue before the court was whether the applicant’s depressive disorder was connected to his war service and thus compensable under the Act. The court examined the evidence and the principles established in prior cases to determine if the applicant’s condition met the statutory criteria for compensation.

The court found that the applicant’s depressive disorder did not arise out of his operational service during the war, as required by the Veterans’ Entitlements Act. The evidence did not establish a causal link between the applicant’s wartime experiences and his current mental health condition. The court applied the principles from Deledio v Repatriation Commission, which held that a war-caused injury must be directly attributable to operational service. The applicant’s claim was further undermined by the lack of medical evidence directly connecting his disorder to specific wartime events. The court concluded that the Tribunal’s decision correctly interpreted the Act and appropriately applied the relevant case law.

The Federal Court affirmed the decision of the Tribunal, dismissing the applicant’s claim for compensation. The court found no error in the Tribunal’s reasoning or its application of the law, holding that the applicant’s condition did not meet the statutory criteria for compensation under the Veterans’ Entitlements Act. The applicant’s appeal was thus unsuccessful, and the original decision by the Repatriation Commission was upheld.

Orders

Orders of the court

The Tribunal affirms the decision under review.

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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