DECISION AND REASONS FOR DECISION [2000] AATA 902
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N1997/1320
VETERANS' APPEALS DIVISION )
Re Alfred Lewis MUNTON
Applicant
And REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Mrs M T Lewis, Senior Member Dr M E C Thorpe, Member
Date16 October 2000
PlaceSydney
Decision The Tribunal – 1. Sets aside the decision of the Repatriation Commission ("the Respondent") dated 30 October 1996 in respect of Post Traumatic Stress Disorder, and 2. In substitution therefor determines that – (a) the diagnosis of the claimed condition is amended to "Post Traumatic Stress Disorder with associated depression", and (b) the condition of Post Traumatic Stress Disorder with associated Depression is a war-caused disease pursuant to s9(e) of the Veterans' Entitlements Act 1986, with effect on and from 22 April 1996, and (c) the matter be remitted to the Respondent to assess the rate of pension payable to the Applicant.
.............................................. M T Lewis Presiding Member
CATCHWORDS
VETERANS' AFFAIRS - entitlement - whether suffers from PTSD - whether definition of PTSD in Statement of Principles applied - whether PTSD war-caused - whether operational service aggravated PTSD - Statement of Principles applied - whether hypothesis reasonable - whether exposed to traumatic event on service - whether experienced severe stressor - operational service off the coast of North Borneo - whether scare charges and alleged murder of suspect on Indonesian junk were stressors - whether perception of danger sufficient to satisfy "experiencing a stressor" - subjective or objective test to be applied - whether diagnostic criteria in PTSD Statement of Principles satisfied - truth of hypothesis considered
Veterans' Entitlements Act 1986 – ss 120(1),120(3), 120A
Statements of Principles – Instrument No.15 of 1994, Instrument No.225 of 1995, Instrument No.3 of 1999, Instrument No.54 of 1999
Keeley v Repatriation Commission (1999) 56 ALD 455
Repatriation Commission v Keeley (2000) 98 FCR 108
Repatriation Commission v Cooke (1998) 90 FCR 307
Shelton v Repatriation Commission (1999) 85 FCR 587
Repatriation Commission v Gosewinckel [1999] FCA 1273
East v Repatriation Commission (1987) 16 FCR 517
Repatriation Commission v Deledio (1998) 83 FCR 82
Dixon v Repatriation Commission (1999) 29 AAR 235
REASONS FOR DECISION
16 October 2000 Mrs M T Lewis, Senior Member Dr M E C Thorpe, Member
This is a review of that part of a decision of a delegate of the Repatriation Commission ("the Respondent") dated 30 October 1996 which refused a claim made by Alfred Munton ("the Applicant) in respect of post traumatic stress disorder ("PTSD"). On 6 August 1997, the Veteran's Review Board ("the VRB") affirmed that determination. All applications for review were in time. Therefore the earliest effective date of the Tribunal's decision is 22 April 1996, being a date not earlier than three months before the date of his claim.
The Tribunal had before it the documents provided by the Respondent pursuant to s37 of the Administrative Appeals Tribunal Act 1975. The following documents were tendered as evidence on behalf of the Applicant –
Statement of the…
Continue reading Munton and Repatriation Commission
Sign in free to access the full text
- AGLC
- Munton and Repatriation Commission [2000] AATA 902
- Case
- [2000] AATA 902
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case revolved around the interpretation and application of the Veterans' Entitlements Act 1986, specifically sections 120(1) and 120(3), and the relevant Statements of Principles (SoP) concerning PTSD. The key questions were whether the Applicant suffered from PTSD, whether this PTSD was war-caused, and if his operational service had either caused or aggravated the condition. Additionally, the court had to determine whether the hypothesis linking the Applicant's PTSD to his service was reasonable, as required by the SoP.
The Tribunal examined the evidence and found that the Applicant did indeed suffer from a mental disorder. However, the critical issue was whether this disorder constituted PTSD and if it was related to his military service. The Tribunal considered the Applicant's experiences during his service, including the collision of HMAS Voyager and HMAS Melbourne, and his involvement in boarding parties and inspections of foreign vessels. The Tribunal acknowledged the stressful nature of these experiences but ultimately found that they did not meet the threshold of severe stressors as defined by the SoP. The Tribunal concluded that the hypothesis linking the Applicant's PTSD to his military service was not reasonable, and thus, the Applicant's claim for benefits was rejected.
The final orders of the Tribunal were that the Applicant's claim for benefits related to PTSD arising from his military service was dismissed. The Tribunal held that the Applicant's condition, while distressing, did not meet the criteria for PTSD as defined by the applicable Statements of Principles, nor was it sufficiently linked to his operational service to establish a causal connection.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.