Iverson and Repatriation Commission

[2006] AATA 280

Administrative

Appeals

Tribunal

 

WRITTEN REASONS FOR ORAL DECISION [2006] AATA 280

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2005/751

VETERANS' APPEALS  DIVISION		)
Re		JACK IVERSON

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal   Senior Member, Mrs Josephine Kelly

Date  6 March 2006

Date of Written Reasons             28 March 2006

Place  Sydney

Decision The decision under review is affirmed. 

[sgd]  Senior Member, Mrs Josephine Kelly

CATCHWORDS

VETERANS’ APPEALS – issue is whether the Applicant is a veteran – Applicant toured Vietnam on four occasions from 1967 to 1970 with the ABC Showband – Applicant received payments from Army while in Vietnam – Applicant on Nominal Role of Vietnam Veterans and received logistics support medal – Applicant not under command of Australian Defence Force – Applicant not accredited to Australian Forces Overseas Fund – Decision affirmed.

LEGISLATION

Veterans’ Entitlement Act 1986 ss 5C, 5R and 7

WRITTEN REASONS

1. At the conclusion of the hearing of this matter, the terms of the decision made and the reasons for that decision were stated orally. The Applicant requested the Tribunal to furnish a statement in writing of the reasons for its decision pursuant to sub‑section 43(2A) of the Administrative Appeals Tribunal Act 1975.

2.      The oral reasons for decision have been transcribed by Auscript, the Commonwealth Reporting Service, and edited only to the extent necessary to ensure clarity of expression, without in any way changing the reasons. The edited transcript comprises the reasons for the Tribunal’s decision and is annexed, and furnished to the Applicant and to the Respondent.

WRITTEN REASONS FOR ORAL DECISION

Senior Member, Mrs Josephine Kelly  

1.      On 11 November 2002 Mr Jack Iverson, a retired musician made a claim for cirrhosis pursuant to the Veterans Entitlement Act 1986 (“the Act”). He was refused because he was not a "veteran".  The Veterans Review Board affirmed that decision on 27 April 2005. 

2.      Mr Iverson's case depends on whether any of his concert tours with the ABC Showband which made trips to Vietnam during four separate periods qualifies him to be a veteran. Those periods are as follows:

·     2 to 16 March 1967 - the first concert party.

·     22 December 1967 to 3 January 1968 - the second concert party.

·     23 December 1969 to 12 January 1970 - the third concert party.

·     16 September 1970 to 6 October 1970 - the fourth concert party.

Issues

3.      The issue is whether Mr Iverson is a “veteran” within the meaning of section 5C of the Act, relevantly was he taken to have rendered operational service because of section 7 of the Act? That is, did he render operational services as set out in section 7(1)(a). . 

4.      It is agreed that during the concert parties Mr Iverson was performing in an operational area set out Schedule 2 of the Act, that is, Vietnam (Southern Zone) during the period including 31 July 1962 to and including 11 January 1973.

Evidence

5.      Mr Iverson gave oral evidence at the hearing which I accept.…