Huntley and Repatriation Commission

Case [2004] AATA 820


Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 820

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2002/1148

VETERANS' APPEALS DIVISION

)

Re RAYMOND DAVID HUNTLEY

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr RG Kenny, Member

Date6 August 2004 

PlaceBrisbane

Decision

The Tribunal:

(a)     affirms the decision under review insofar as it relates to post traumatic stress disorder and depressive disorder; and

(b)     sets aside the decision under review insofar as it relates to anxiety disorder and alcohol dependence or abuse and substitutes the decision that anxiety disorder and alcohol dependence or abuse are war-caused diseases, that pension for any incapacity associated with those diseases is payable to the applicant from and including 1 December 2000 and that the matter of assessment of that incapacity is remitted to the Repatriation Commission.

[Sgd]
  ……..RG Kenny…….
  Member

CATCHWORDS

VETERANS’ AFFAIRS – disability pension – operational service in Malaya – operational service continuing during period of leave - appropriate diagnosis of psychiatric conditions – application of Statements of Principles – diagnostic criteria for post traumatic stress disorder not met - reasonable hypothesis of relevant relationship to service raised for anxiety disorder and alcohol dependence or abuse – assessment remitted to Repatriation Commission

Veterans’ Entitlements Act 1986 ss 5D, 6D, 7, 13, 14, 120, 120A

Fogarty v Repatriation Commission [2003] FCAFC 136
Benjamin v Repatriation Commission (2001) 70 ALD 622
Repatriation Commission v Deledio (1998) 83 FCR 82
White v Repatriation Commission [2004] FCA 633
Re Robertson and Repatriation Commission (1998) 50 ALD 668
Re Sandiford and Repatriation Commission (1998) 27 AAR 210
Repatriation Commission v Cornelius [2002] FCA 750

REASONS FOR DECISION

2 August 2004  Mr RG Kenny, Member      

Background

1. Raymond Huntley (the applicant) served in the Australian Army from 23 January 1961 until 22 January 1964 and that period of overall service included service in the then Federation of Malaya from 12 October 1961 until 27 May 1963. On 1 March 2001, he lodged a claim for the acceptance of post traumatic stress disorder as being related to his Malayan service. That claim, made in accordance with section 14 of the Veterans’ Entitlements Act 1986 (the Act), was rejected by a delegate of the Repatriation Commission (the respondent) on 13 June 2001. 

2.      On 26 August 2002, the matter was heard by the Veterans’ Review Board (VRB) which varied the decision by adding the diagnoses of generalised anxiety disorder, depressive disorder and alcohol dependence or abuse. The VRB affirmed the decision, rejecting the claim for post traumatic stress disorder and also for generalised anxiety disorder, depressive disorder and alcohol dependence or abuse.  In relation to depressive disorder, the VRB determined that there was no such incapacity present in the applicant.  On 13 December 2002, the applicant sought review of the VRB decision by the Administrative Appeals Tribunal (the Tribunal).

Hearing

3.      At the hearing, the applicant was represented by Ms B Carter-Nicoll of counsel and the respondent was represented by Mr B Williams.  The following material was…

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Details
AGLC
Huntley and Repatriation Commission [2004] AATA 820
Case
[2004] AATA 820
Decision Date

CaseChat Overview and Summary

The applicant, Mr. Huntley, sought a review of a decision by the Repatriation Commission concerning his eligibility for a disability pension. The central issue was whether his psychiatric conditions, namely anxiety disorder and alcohol dependence or abuse, were caused by his operational service during his time in Malaya. The matter was heard in the Federal Court of Australia. The primary legal issue was whether Mr. Huntley's psychiatric conditions were connected to his service and thus qualified for a war-caused disease pension. The court had to consider the diagnostic criteria for post-traumatic stress disorder and whether Mr. Huntley's conditions met these criteria. Additionally, the court needed to determine if a reasonable hypothesis could be made that his anxiety disorder and alcohol dependence or abuse were related to his service.

The court found that the diagnostic criteria for post-traumatic stress disorder were not met, aligning with the Repatriation Commission's decision. However, the court held that a reasonable hypothesis could be raised regarding a relevant relationship between Mr. Huntley's anxiety disorder and alcohol dependence or abuse and his operational service. The court relied on previous cases such as Fogarty v Repatriation Commission and Repatriation Commission v Deledio, which established that a reasonable hypothesis could be sufficient to warrant a pension if direct evidence was lacking. Consequently, the court set aside the Commission's decision regarding these conditions and remitted the matter for reassessment by the Repatriation Commission to determine the extent of Mr. Huntley's incapacity due to these conditions.

The Federal Court of Australia affirmed the decision concerning post-traumatic stress disorder and depressive disorder but annulled the decision regarding anxiety disorder and alcohol dependence or abuse. It ordered that these conditions be considered war-caused diseases and that pension payments for any incapacity associated with these diseases would commence from 1 December 2000. The court further directed that the Repatriation Commission reassess Mr. Huntley's incapacity related to these conditions. This decision ensures that Mr. Huntley's claims for these specific psychiatric conditions are reconsidered in light of the court's findings.

Orders

Orders of the court

The Tribunal:

(a) affirms the decision under review insofar as it relates to post traumatic stress disorder and depressive disorder; and

(b) sets aside the decision under review insofar as it relates to anxiety disorder and alcohol dependence or abuse and substitutes the decision that anxiety disorder and alcohol dependence or abuse are war-caused diseases, that pension for any incapacity associated with those diseases is payable to the applicant from and including 1 December 2000 and that the matter of assessment of that incapacity is remitted to the Repatriation Commission.

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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