Kleidon and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by the applicant, Mr. Kleidon, against a decision of the Military Rehabilitation and Compensation Commission. The dispute centred on a claim for compensation for a nervous/anxiety disorder, allegedly arising from the applicant's naval service between 1970 and 1973. The applicable legislation was the *Compensation (Commonwealth Government Employees) Act 1971* (the 1971 Act).

The primary legal issues before the court were whether the applicant had satisfied the notification and claim lodgement requirements stipulated by sections 53 and 54 of the 1971 Act, and if not, whether any exceptions applied. Specifically, the court had to determine if the claim was lodged as soon as practicable after the injury or awareness of the injury, and if the respondent would be prejudiced by the delay in lodging the claim. The court also considered whether the delay, if any, was occasioned by ignorance, mistake, or any other reasonable cause as contemplated by the Act.

The court found that the applicant had not satisfied the notification requirements under section 53(1)(a) of the 1971 Act, as there was evidence that the applicant was aware of his psychiatric condition in 2009 but did not lodge a claim until 2012. The court determined that the respondent would be prejudiced by this delay, as an earlier claim would have allowed for timely investigation and treatment, and potentially the interviewing of relevant personnel who might no longer be available. Furthermore, the court found no evidence that the delay was occasioned by ignorance, mistake, or any other reasonable cause as specified in section 54(6)(c) of the 1971 Act. The court also noted that even without these statutory obstacles, the applicant's claim would likely not succeed, as the medical opinions attributing his condition to naval service were based on self-reporting inconsistent with contemporaneous evidence.

Consequently, the court affirmed the decision under review.