FEDERAL COURT OF AUSTRALIA
Meehan v Repatriation Commission [2003] FCA 1371
VETERANS’ ENTITLEMENTS – reasonable hypothesis based on a statement of principles - whether generalised anxiety disorder was war-caused
Veterans’ Entitlements Act1986 (Cth) ss 120, 120A & 196B
Bushell v Repatriation Commission (1992) 175 CLR 408 applied
Byrnes v Repatriation Commission (1993) 177 CLR 564 applied
Lees v Repatriation Commission (2002) 74 ALD 68 referred to
Repatriation Commission v Deledio (1998) 83 FCR 82 appliedJAMES SYDNEY MEEHAN v REPATRIATION COMMISSION
N 683 OF 2003JACOBSON J
SYDNEY
28 NOVEMBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 683 of 2003
ON APPEAL FROM THE VETERANS’ APPEAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN:
JAMES SYDNEY MEEHAN
APPLICANTAND:
REPATRIATION COMMISSION
RESPONDENTJUDGE:
JACOBSON J
DATE OF ORDER:
28 NOVEMBER 2003
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The Applicant pay the Respondent’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 683 of 2003
ON APPEAL FROM THE VETERANS’ APPEAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN:
JAMES SYDNEY MEEHAN
APPLICANTAND:
REPATRIATION COMMISSION
RESPONDENT
JUDGE:
JACOBSON J
DATE:
28 NOVEMBER 2003
PLACE:
SYDNEY
REASONS FOR JUDGMENT
Introduction
This is an appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal (“the Tribunal”) affirming a decision of a delegate of the Repatriation Commission (“the Commission”) rejecting a claim by the Applicant for a disability pension for post traumatic stress disorder. The Commission rejected the claim because it found that the Applicant’s recollection of the events, which were said to have caused the disorder, were unreliable. The effect of the question of law stated in the Notice of Appeal is whether this finding satisfied the standard of proof laid down by s 120(1) of the Veterans’ Entitlements Act1986 (Cth) (“the Act”) under which the Commission is to determine that an injury was war-caused unless it is satisfied beyond a reasonable doubt that there is no sufficient ground for making that determination.
The proceedings have a long history. The decision of the Tribunal was its third decision on the Applicant’s claim. Its first and second decisions were successfully appealed to the Court and remitted to the Tribunal for further hearing. On the third rehearing the Tribunal determined that the material before it, which raised a claim for generalised anxiety disorder (“GAD”) based on the Applicant’s service in Vietnam, raised a reasonable hypothesis connecting the disability with the circumstances of the Applicant’s service in accordance with s 120(3) of the Act. However, the Tribunal was satisfied beyond a reasonable doubt that there was no sufficient ground for determining that the Applicant’s general anxiety disorder was a war-caused disease.
The Legislation
Section 120 of the Act relevantly provides:-
(1)Where a claim under Part II for…
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- Meehan v Repatriation Commission [2003] FCA 1371
- Case
- [2003] FCA 1371
- Decision Date
CaseChat Overview and Summary
The Tribunal considered whether the hypothesis suggested that the applicant experienced anxiety or stress not more than two years before the onset of his Generalised Anxiety Disorder (GAD). It referred to the evidence of Dr Dinnen, a consultant psychiatrist, who concluded that the applicant showed signs of GAD within two years of the stressors if he had not self-medicated with alcohol. The Tribunal quoted extensively from Dr Dinnen’s reports, noting his opinion that the applicant’s account of anxiety developing during his two trips to Vietnam was established.
The Full Court found that the Tribunal had correctly applied the Deledio test and properly assessed the evidence. The appeal was dismissed, and the applicant was ordered to pay the respondent's costs. The Court held that the Tribunal's decision was sound and that the applicant's claim for a psychiatric injury arising from his service in Vietnam did not meet the criteria set out in the applicable Statement of Principles.
Orders
Orders of the court
1. The appeal be dismissed.
2. The Applicant pay the Respondent’s 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: JACOBSON J
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