Mark Splatt and Repatriation Commission

[2009] AATA 46

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 46

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/1568

VETERANS’ APPEALS DIVISION  )		)
Re		Mark Splatt

Applicant

And Repatriation Commission

Respondent

DECISION

Tribunal

Mr G L McDonald, Deputy President

Dr K Breen, Member

Date22 January 2009

PlaceMelbourne

Decision The decision under review is affirmed.

..............................................

Deputy President

VETERANS’ ENTITLEMENTS ACT – whether the applicant suffered from a medical condition – whether applicant’s post traumatic stress disorder was war-caused – whether the applicant suffered an extreme traumatic stressor – decision under review affirmed

Administrative Appeals Tribunal Act 1975 s 37
Veterans’ Entitlements Act 1986 ss 6C and 9

Mines v Repatriation Commission (2005) 86 ALD 62  
Repatriation Commission v Deledio (1998) 83 FCR 82

REASONS FOR DECISION

22 January 2009 Mr G L McDonald, Deputy President
Dr K Breen, Member

1. The applicant is applying for review of a decision of the respondent dated 12 September 2005, affirmed on review by the Veterans’ Review Board in a decision dated 4 April 2007, refusing to pay him a veteran’s pension for a claimed Post Traumatic Stress Disorder (PTSD) condition on the basis the condition was not war‑caused within the meaning of s 9 of the Veterans’ Entitlements Act 1986 (the Act).

The Hearing

2. The Tribunal had before it the documents prepared and filed pursuant to s 37 of the Administrative Appeals Tribunal Act 1975, a statement of the applicant, an additional medical report from Dr William Glaser, a consultant psychiatrist, clinical notes of the applicant’s general medical practitioner as well as notes from other medical clinicians, a job description by the applicant’s employer (the Metropolitan Fire Brigade), the transcript from the hearing conducted by the Veterans’ Review Board, a report from Writeway Research and an alcohol questionnaire completed by the applicant on 14 April 2004.

3.      The applicant and Commodore Philip Mulcare, who conducted the research for the Writeway report, gave oral evidence.

The Background

4.      The applicant enlisted in the Royal Australian Navy (RAN) on 10 April 1971, at the age of 15 years, almost directly after leaving school.  He undertook his training at HMAS Leeuwin before being posted to HMAS Cerberus and from there at the age of 17 years in August 1972 to HMAS Sydney.  He was by then a qualified seaman and gunner.

5.      In November 1972 HMAS Sydney was sent to Point Klang (Malaysia), Singapore Naval base, Vung Tau (in the then South Vietnam) en route to Hong Kong and subsequently Subic Bay (Philippines).  It went to Vung Tau for the purpose of unloading stores.  It was estimated that the unloading in Vung Tau would take about two days.  According to the undisputed evidence HMAS Sydney berthed about 1200 to 1400 yards from shore at Vung Tau on 23 November 1972 at 6:30am.  HMAS Sydney was accompanied by HMAS Vampire.  It remained there until late afternoon and left the harbour to cruise up and down the coast before re-entering the harbour to continue…