Lake and Repatriation Commission

Case [2006] AATA 116


Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 116

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No Q2005/93

VETERANS’ APPEALS DIVISION

)

Re ROBERT LAKE

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr KS Levy, Member

Date13 February 2006  

PlaceBrisbane

Decision

The Tribunal affirms the decision under review.    

……[Sgd]……
  KS Levy
  Member

CATCHWORDS

VETERANS’ AFFAIRS – defence service –operational service – post traumatic stress disorder – alcohol abuse or dependence – anxiety disorder – application of Deledio – severe psychosocial stressor – scare charges as stressors – decision affirmed.

Veterans’ Entitlements Act 1986 s7, 9, 29, 70, 120

Repatriation Commission & Gosewinckel (2000) 59 ALD 690
Benjamin and Repatriation Commission (2003) 70 ALD 622
Fogarty and Repatriation Commission [2003] FCAFC 136
Gibbs and Repatriation Commission [2005] AATA 516
Delahunty v Repatriation Commission [2004] FCA 309; 38 AAR 511
Stoddart v Repatriation Commission (2003) 197 ALR 283
Woodward v Repatriation Commission (2003) 200 ALR 332.
White v Repatriation Commission  [2004] FCA 633
Hill v Repatriation Commission (2001) 66 ALD 293
Repatriation Commission and Deledio (1998) 83 FCR 82
Repatriation Commission and Hancock (2003) FCA 711
Mines v Repatriation Commission [2004] FCA 1331.
Lees and Repatriation Commission (2002) 125 FCR 331
Repatriation Commission v Stares (1996) 41 ALD 212
Bushell v Repatriation Commission (1992) 175 CLR 408
Byrnes v Repatriation Commission (1993) 177 CLR 564
Repatriation Commission v Webb (1998) 51 ALD 575
Repatriation Commission v Hill [2002] FCAFC 192
East v Repatriation Commission (1987) 16 FCR 517
Repatriation Commission v Bey (1997) 79 FCR 364
Gilbert v Repatriation Commission (1989) 86 ALR 713
Repatriation Commission v Tuite (1993) 39 FCR 540
Re Stonehouse and Repatriation Commission [2004] AATA 707
Re Sparks and Repatriation Commission [2005] AATA 319
Re Cannon and Repatriation Commission [2003] AATA 428
Re Harrison-Kyte and Repatriation Commission [2004] AATA 360
Re Lees and Repatriation Commission [2003] AATA 1027
Re Lees and Repatriation Commission [2005] AATA 549
Beveridge and Repatriation Commission [2005] AATA 962
Sly v Repatriation Commission [2004] AATA 958
Wiseman v Repatriation Commission [2005] AATA 156
Re McCutcheon and Repatriation Commission [2004] AATA 329
Lamont and Repatriation Commission [2005] AATA 149.
Woodward v Repatriation Commission (2003) 131 FCR 473
Repatriation Commission v Stoddart (2003) 77 ALD 67
Stoddart v Repatriation Commission (2003) 74 ALD 366
Re Slattery and Repatriation Commission (1998) 52 ALD 90
Gerzina and Repatriation Commission [2003] FMCA 490
Re Martin and Repatriation Commission [2003] AATA 1228

REASONS FOR DECISION

13 February 2006 Dr KS Levy, Member           

Introduction

1.       The applicant, Robert Lake, has applied for a review of a decision under the Veterans’ Entitlements Act 1986 (the Act). This application is made under section 29(1) of the Administrative Appeals Tribunal Act 1975.

2. The application is for review of the decision of the delegate of the Repatriation Commission dated 3 April 2002 which determined that Post Traumatic Stress Disorder (PTSD) and Alcohol Abuse or Alcohol Dependence were not war-caused or defence-caused under the Act. It was also decided…

Continue reading Lake and Repatriation Commission

Sign in free to access the full text

Details
AGLC
Lake and Repatriation Commission [2006] AATA 116
Case
[2006] AATA 116
Decision Date

CaseChat Overview and Summary

The case between Lake and the Repatriation Commission was heard before the Administrative Appeals Tribunal (AAT), where the primary issue was whether the appellant’s service in the Australian Defence Force constituted operational service for the purposes of the Veterans’ Entitlements Act 1986. The appellant, Mr Lake, argued that his service included periods of operational service that warranted recognition for the purposes of receiving benefits related to his post-traumatic stress disorder, alcohol abuse, and anxiety disorder. The Repatriation Commission, however, determined that the appellant's service did not include sufficient operational service to qualify for the benefits he sought.

The legal issues before the AAT included the interpretation of "operational service" under the Act and whether the appellant's experiences, particularly the scare charges and psychosocial stressors, met the criteria for qualifying service. The Tribunal had to consider relevant case law, such as Deledio and other judicial interpretations, to determine if the appellant's service met the statutory requirements. Additionally, the Tribunal needed to assess whether the scare charges could be considered severe psychosocial stressors and whether the appellant's alcohol abuse or dependence could be attributed to his service.

In its decision, the AAT examined the evidence and applicable legal principles, concluding that the appellant's service did not meet the threshold for operational service as defined by the Act and relevant case law. The Tribunal found that the scare charges, while distressing, did not constitute the type of severe psychosocial stressor necessary to qualify the service as operational. Furthermore, the Tribunal determined that the appellant's alcohol abuse or dependence did not arise out of the service but rather was a pre-existing condition exacerbated by the stresses of service. Therefore, the Tribunal affirmed the Commission's decision, finding that Mr Lake’s service did not qualify for the benefits he sought under the Act.

No further orders were made by the Tribunal beyond affirming the Commission's decision.

Orders

Orders of the court

The Tribunal affirms the decision under review.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.