FEDERAL COURT OF AUSTRALIA
O’Dowd v Repatriation Commission [2013] FCA 991
Citation: O’Dowd v Repatriation Commission [2013] FCA 991 Appeal from: O’Dowd v Repatriation Commission [2012] AATA 789 Parties: PETER DAVID O'DOWD v REPATRIATION COMMISSION File number: VID 1057 of 2012 Judge: MARSHALL J Date of judgment: 1 October 2013 Catchwords: ADMINISTRATIVE LAW – veterans’ entitlements – review of decision of the Administrative Appeals Tribunal – whether the Tribunal erred in deciding the applicant did not suffer from post-traumatic stress disorder – war-causation aspect of the Tribunal’s decision not challenged on appeal – application dismissed. Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44
Veterans’ Entitlements Act 1986 s 5DCases cited: Guy v Repatriation Commission [2005] FCA 562
Hoskins v Repatriation Commission (1991) 32 FCR 443
Repatriation Commission v Bawden (2012) 206 FCR 296
Repatriation Commission v Budworth (2001) 116 FCR 200
Repatriation Commission v Warren (2007) 95 ALD 606; [2007] FCA 866
Woodward v Repatriation Commission (2003) 131 FCR 473Date of hearing: 20 September 2013 Place: Melbourne Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 43 Counsel for the Applicant: Ms L Martin Solicitor for the Applicant: Williams Winter Counsel for the Respondent: Ms C Dowsett Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 1057 of 2012
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: PETER DAVID O'DOWD
ApplicantAND: REPATRIATION COMMISSION
RespondentJUDGE:
MARSHALL J
DATE OF ORDER:
1 OCTOBER 2013
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The application is dismissed.
2.The applicant pay the respondent’s costs of the application.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 1057 of 2012
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: PETER DAVID O'DOWD
ApplicantAND: REPATRIATION COMMISSION
Respondent
JUDGE:
MARSHALL J
DATE:
1 OCTOBER 2013
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
Introduction
Mr O’Dowd appeals pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal (“the Tribunal”). The Tribunal decided that Mr O’Dowd did not suffer from post traumatic stress disorder (“PTSD”). It also decided that if it was wrong in so deciding, such PTSD was not war-caused.
The Amended Notice of Appeal filed on behalf of Mr O’Dowd only addresses the first question which the Tribunal answered. It does not deal with the second question the subject of the Tribunal’s decision, which was referred to by the Tribunal at [85] of its reasons for decision in the following terms:
Assuming I am incorrect about the diagnosis of a mental disorder, I have nevertheless examined Mr O’Dowd’s claim regarding PTSD in order to determine whether there exists a causal connection between his operational service and that disorder. I have found that there is no causal connection because I cannot accept the raised facts due to the unreliability of the evidence which Mr O’Dowd claimed to…
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- AGLC
- O'Dowd v Repatriation Commission [2013] FCA 991
- Case
- [2013] FCA 991
- Decision Date
CaseChat Overview and Summary
The primary legal issue addressed by the Court was whether the AAT erred in its application of the DSM-IV criteria to Mr O'Dowd's PTSD claim. The Court examined if the Tribunal correctly interpreted the phrase "confronted with" in Criterion A(1) of the PTSD definition and whether it appropriately evaluated Mr O'Dowd's emotional responses to the alleged stressors. The Court also considered whether the Tribunal identified the correct issue or asked the wrong question when assessing Mr O'Dowd's feelings of helplessness and horror in response to a specific event during his service.
The Court found that the AAT did not err in its application of DSM-IV. The Tribunal correctly interpreted the phrase "confronted with" within the context of the introductory paragraph of DSM-IV, consistent with the reasoning in Seedsman. The Court also determined that the Tribunal did not err in finding that Mr O'Dowd's response to the Subic Bay hospital visit did not involve "intense fear, helplessness, or horror." The Tribunal's findings were based on the evidence presented and were not inconsistent with the judgment in Guy v Repatriation Commission. Consequently, the Court rejected all grounds of appeal and dismissed the application.
The Court ordered that the application be dismissed and that Mr O'Dowd pay the respondent's costs of the application, in accordance with Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The application is dismissed.
2. The applicant pay the respondent’s costs of the application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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