Meehan v Repatriation Commission

The case of Meehan v Repatriation Commission involved a claim by the applicant for a psychiatric injury sustained during service in Vietnam. The Full Court outlined the four-stage process that a Tribunal must follow when dealing with such a claim, starting with determining whether there is an applicable Statement of Principles (SoP) in force. The applicant argued that he had served on HMAS Sydney in Vietnam in 1969, witnessed traumatic events such as men being killed and injured, and saw corpses transported in body bags. The Tribunal was satisfied that the first two stages of the Deledio test had been met, and it assessed whether the hypothesis was reasonable, considering the material evidence before it.

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.