FEDERAL COURT OF AUSTRALIA
Masliczek v Repatriation Commission [2008] FCA 1535
DEFENCE AND WAR – Veterans’ entitlements – Disability Pension – Whether appeal raised a question of law – Post-traumatic stress disorder – Question whether veteran experienced a severe traumatic event – Osteoarthrosis – Whether disease war-caused – Statements of Principles – Whether Administrative Appeals Tribunal failed to provide adequate reasons
Veterans’ Entitlements Act 1986 (Cth)
Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2B), 44(1)
Federal Court Rules O 53 r 3(2)(b)Repatriation Commission v Deledio (1998) 83 FCR 82 applied
TNT Skypack International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 cited
Australian Telecommunications Corporation v Lamroglou (1990) 12 AAR 515 cited
Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 cited
Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 cited
Comcare v Etheridge (2006) 149 FCR 522 cited
Commissioner of Taxation v Dixon (2006) 155 FCR 101 cited
Hussain v Minister for Foreign Affairs (2008) 248 ALR 456 cited
Mines v Repatriation Commission (2004) 86 ALD 62 applied
Fenner v Repatriation Commission [2007] FCA 406 cited
Repatriation Commission v Hill [2008] FCA 50 cited
Repatriation Commission v Keeley (2000) 98 FCR 108 cited
Benjamin v Repatriation Commission (2001) 70 ALD 622 citedMIRON MICHAEL MASLICZEK v REPATRIATION COMMISSION
VID 276 OF 2008
TRACEY J
22 OCTOBER 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 276 OF 2008
BETWEEN:
MIRON MICHAEL MASLICZEK
AppellantAND:
REPATRIATION COMMISSION
Respondent
JUDGE:
TRACEY J
DATE OF ORDER:
22 OCTOBER 2008
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 276 OF 2008
BETWEEN:
MIRON MICHAEL MASLICZEK
AppellantAND:
REPATRIATION COMMISSION
Respondent
JUDGE:
TRACEY J
DATE:
22 OCTOBER 2008
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
Mr Miron Masliczek joined the Australian Army as a National Serviceman in 1966. He served for two years. For part of this time he was on active service in South Vietnam. In later years he suffered a number of medical conditions which were caused by his war service. He was paid a disability pension by reason of these conditions.
In 2005 he applied for a further pension entitlement because of, among other conditions, post‑traumatic stress disorder (“PTSD”), osteoarthrosis of the fingers of the right hand and hearing problems in the right ear. He attributed these conditions to his service in South Vietnam. His application insofar as it was based on these conditions was rejected by the Repatriation Commission (“the Commission”) and his appeal to the Veterans’ Review Board (“the VRB”) from the Commission’s decision failed. He appealed to the Administrative Appeals Tribunal (“the Tribunal”). The Tribunal affirmed the decision of the VRB. Mr Masliczek now purports to appeal to this Court.
The issues raised by the appeal are:
·Whether the Court…
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- AGLC
- Masliczek v Repatriation Commission [2008] FCA 1535
- Case
- [2008] FCA 1535
- Decision Date
CaseChat Overview and Summary
The court first considered the jurisdiction to entertain the appeal, confirming that it had the authority to review the AAT’s decision. The court then assessed whether the AAT had applied the provisions of the Veterans’ Entitlements Act correctly, particularly in relation to the criteria for diagnosing PTSD and the link to operational service. The court examined the AAT’s findings that Mr Masliczek’s claims of traumatic events did not meet the criteria for PTSD, as outlined in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. The court found that the AAT had appropriately evaluated the evidence and concluded that Mr Masliczek did not suffer from PTSD. Additionally, the court determined that the AAT’s reasoning was sufficient under the Administrative Appeals Tribunal Act to support its decision, and that the AAT had met its obligation to provide reasons for its decision.
The court dismissed the appeal with costs.
Orders
Orders of the court
1. The appeal be dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: TRACEY J
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