GILBERT DENIS WALLBANK and REPATRIATION COMMISSION

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 813

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2008/1518

VETERAN'S APPEALS  DIVISION		)
Re		GILBERT DENIS WALLBANK

Applicant

And REPATRIATION COMMISSION

Respondent

CORRIGENDUM

The Tribunal directs the Registrar, pursuant to subsection 43AA(1) of the Administrative Appeals Tribunal Act 1975, to alter the text of the decision in this application as follows:

Replace the whole of paragraph 72 with:

72.  As I am satisfied that the Applicant does not suffer from PTSD or any Anxiety condition, nor has any hypothesis been raised linking alcohol abuse with operational service, the decision under review is affirmed.

.....................[sgd].............................

M D Allen
  Senior Member

DECISION

Tribunal Senior Member M D Allen

Date23 October 2009

PlaceCoffs Harbour

Decision The decision under review is AFFIRMED

.................[sgd].............................

M D Allen
  Senior Member

14.     Of the factors that must as a minimum exist before a reasonable hypothesis can be said to exist connecting a PTSD with the circumstances of a Veteran’s relevant service, factors 6(a) and (b) read:

“(a) experiencing a category 1A stressor before the clinical onset of post traumatic stress disorder; or

(b)experiencing a category 1B stressor before the clinical onset of post traumatic stress disorder.”

15.     The terms ‘category 1A’ and ‘category 1B’ stressor are defined in Instrument No 5 of 2008 as:

“(9) A ‘category 1A stressor’ means one or more of the following severe traumatic events:

(a)       experiencing a life-threatening event;

(b)being subject to a serious physical attack or assault including rape       

and sexual molestation; or

(c)       being threatened with a weapon, being held captive, being kidnapped,

or being tortured.

A ‘category 1B stressor’ means one of the following severe traumatic events:

(a)       being an eye witness to person being killed or critically injured:

(b)       viewing corpses or critically injured casualties as an eye witness;

(c)being an eye witness to atrocities inflicted on another person or person;:

(d)killing or maiming a person; or

(e) being an eye witness to or participating in, the clearance of critically injured casualties.”

16.     For Anxiety Disorder, of the factors that must exist before the condition can be connected with service, factors 6(a)(ii) and (iii) read:

“ (ii)experiencing a category 1A stressor within the five years before the clinical onset of the anxiety disorder; or

(iii)experiencing a category 1B stressor within the five years before the clinical onset of anxiety disorder;

Whereas factor 6(a)(v) reads:

(v)experiencing a category 2 stressor within the one year before the clinical onset of anxiety disorder.”

17.     The terms ‘category 1A’ and ‘category 1B’ stressor have the same meaning in Instrument No 5 of 2008. A category 2 stressor is defined as:

“  One or more of the following negative life events, the effects of which are chronic in nature and cause the person to feel on-going distress, concern or worry:

(a)       being socially isolated and unable to maintain friendships or family
  relationships, due to physical location, language barriers, disability, or                 medical or…