Kelly and Repatriation Commission (Veterans’ entitlements)

This matter concerned an application for a war widow's pension made by the applicant, the widow of a veteran, before the Administrative Appeals Tribunal. The dispute centred on whether the veteran's death, attributed to Alzheimer-type dementia and post-traumatic stress disorder, was caused by his operational service.

The Tribunal was required to determine whether a reasonable hypothesis existed connecting the veteran's death with the circumstances of his service, in accordance with section 120A of the relevant legislation. This involved considering whether any such hypothesis was supported by a Statement of Principles (SoP) determined under section 196B of the Act.

The Tribunal applied the four-step process outlined in *Repatriation Commission v Deledio* [1998] FCA 391. This process requires the Tribunal to first identify if the material raises a hypothesis connecting the death to service. If so, it must then ascertain if a relevant SoP is in force. If a SoP exists, the Tribunal must determine if the hypothesis fits the SoP's "template." Finally, if the hypothesis fits, the Tribunal must consider whether it is satisfied beyond reasonable doubt that the death was not war-caused. In this instance, the Tribunal found that the medical evidence, particularly from Dr Synnott, suggested the veteran suffered grief and psychological distress rather than PTSD, and that his later conditions were connected to his deteriorating physical and cognitive health, not his service.

The Tribunal concluded that the material before it did not raise a reasonable hypothesis connecting the veteran's death with his operational service, as required by section 120A. Consequently, the decision under review was set aside.