Hassett and Repatriation Commission

Case [2005] AATA 16


Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 16

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q1996/1017

VETERANS’ APPEALS DIVISION

)

Re FLORENCE PEARL HASSETT

Applicant

And

REPATRATION COMMISSION

Respondent

DECISION

Tribunal Dr E K Christie, Member

Date10 January 2005     

PlaceBrisbane

Decision The decision under review is affirmed.  This means that Mrs Hassett’s application is unsuccessful.

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

E K Christie
  Member

CATCHWORDS

VETERAN’S AFFAIRS – benefits and entitlements – war widows’ pension - whether war-caused death – cerebrovascular accident – anxiety disorder – post-traumatic stress disorder - hypertension - hypothesis - reasonable hypothesis - facts associated with hypothesis necessary to support the hypothesis or which are inconsistent with the hypothesis have not been disproved beyond reasonable doubt

Veterans' Entitlements Act 1986 s 120

Repatriation Commission v Deledio (1998) 49 ALD 193
Repatriation Commission v Stares (1996) 41 ALD 212
East v Repatriation Commission (1987) 74 ALR 518
Repatriation Commission v Bey (1997) 47 ALD 481
Bushell v Repatriation Commission (1992) 175 CLR 408
Connors v Repatriation Commission [2000] FCA 783
Byrnes v Repatriation Commission (1993) 1777 CLR 564
Repatriation Commission v Whetton (1991) 24 ALD 690
Repatriation Commission v Gosewinckel (1999) 59 ALD 690
Jackman v Repatriation Commission [1997] FCA 564
Repatriation Commission v Hancock [2003] FCA 711
Treloar v Australian Telecommunications Commission (1990) 97 ALR 321
Polivitte Ltd v Commercial Union Insurance Company Pty Ltd [1987] 1 Lloyds Rep 379

REASONS FOR DECISION

10 January 2005 Dr E K Christie, Member    

1.      This is an application by Florence Hassett to review a decision of the Veterans’ Review Board (“the VRB”) made on 17 September 1996, that refused her claim for a war widows’ pension on the basis that the death of her husband was not related to his service.

2.      In arriving at its decision, the VRB noted that in her application for review, “Mrs Hassett had not supplied any medical evidence to support her application”. (T5, Folio 63).

3.      At the hearing, Florence Hassett was represented by Mr A Harding of Counsel, instructed by Messer Gilshenan and Luton.  The Repatriation Commission was represented by Mr M Smith, a Departmental Advocate.

4. At the hearing, the Tribunal had in evidence before it, the documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (the “T” Documents, exhibit R1) and the various documents tendered by the parties.

The Facts

5.      The general facts were not in dispute and may be stated briefly.  The late Mr Hassett served in the Signals Corp and rose to the rank of Lieutenant Colonel.  He served in the Australian Army from 27 May 1940 to 13 August 1945.  The whole of this period constitutes eligible war service.  Because he served overseas for the entire period in Syria and New Guinea, the whole of his service constitutes operational service. 

6.      The late Mr Hassett suffered the following “accepted” and “rejected” disabilities:

(a) Service Related Disabilities

§Exhaustion State

§Functional Dyspepsia

§Loose Medial Meniscus Left Knee

§Periodontitis

(b) Non-Service Related Disabilities

§Refractive…

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AGLC
Hassett and Repatriation Commission [2005] AATA 16
Case
[2005] AATA 16
Decision Date

CaseChat Overview and Summary

The case of Hassett and Repatriation Commission involved the applicant, Mrs Hassett, who sought a war widows’ pension under the Veterans' Entitlements Act 1986. The dispute centred on whether the death of Mrs Hassett’s husband, a World War II veteran, was caused by his war service. The matter was heard in the Federal Court of Australia.

The court was required to determine whether the veteran's death, which resulted from a cerebrovascular accident, was attributable to his war service. This involved assessing the medical evidence concerning the veteran's anxiety disorder, post-traumatic stress disorder, and hypertension, and whether these conditions were reasonably related to his military service. The central legal issue was whether a reasonable hypothesis could be formed that linked the veteran's war service to his death, and if the facts supporting or contradicting this hypothesis had been sufficiently disproven.

The court, in its reasoning, examined the burden of proof and the standard required to establish a causal link between the veteran's service and his death. It found that while there was a reasonable hypothesis that the veteran's military service contributed to his conditions, the facts necessary to support this hypothesis had not been proved beyond reasonable doubt. Consequently, the court affirmed the decision under review, meaning Mrs Hassett’s application for a war widows’ pension was unsuccessful.

Orders

Orders of the court

The decision under review is affirmed. This means that Mrs Hassett’s application is unsuccessful.

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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