Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2007] AATA 40
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2005/100
VETERANS' APPEALS DIVISION ) Re PHILIP JAMES GREEN Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Dr KS Levy, Senior Member
Dr GJ Maynard, MemberDate30 January 2007
PlaceBrisbane
Decision The Tribunal affirms the decision under review.
.................[Sgd].............................
Senior Member
7. The applicant currently suffers from anxiety and alcohol related conditions, which he attributes to his military service in Malaysia.
Issues for Determination
8. The issues for determination in this case are:
(i)Whether a diagnosis of Post Traumatic Stress Disorder (PTSD) or Anxiety Disorder (AD) together with Alcohol Dependence/Alcohol Abuse are appropriate diagnoses for the applicant’s psychiatric condition?
(ii)Whether any accepted diagnoses of psychiatric conditions are defence caused/service related within the meaning of the Act?
(iii)Whether any of the incidents experienced by the applicant during his service in Butterworth, Malaysia, could be regarded as a “severe stressor” or “severe psychosocial stressor”.
Legislative Framework
9. It was submitted by both the applicant and the respondent that any psychiatric condition must be shown to be defence caused. The Tribunal agrees that the applicant has eligible defence service. The Tribunal also considers that the definition “injury/disease” within section 5D of the Act is also relevant to the Tribunal’s consideration. Section 120(4) deals with the standard of proof for non-operational service, and directs the Tribunal to decide the matter to its reasonable satisfaction. Section 120(4) is also affected by s 120B when applied to the present application. Section 120B(3) directs the Tribunal to be reasonably satisfied that the injury/disease claimed is defence caused and amplifies the mechanism for being reasonably satisfied only if:
“Sect 120B(3)
…
(a) the material before the Commission raises a connection between the injury, disease or death of the person and some particular service rendered by the person; and
(b) there is in force:
(i) a Statement of Principles determined under subsection 196B(3) or (12); or
(ii) a determination of the Commission under subsection 180A(3);
that upholds the contention that the injury, disease or death of the person is, on the balance of probabilities, connected with that service.”
10. Statements of Principles as referred to above are in force and were determined by the Repatriation Medical Authority under s 196B. Therefore, the relevant standard of proof in this matter is on the balance of probabilities. The parties were not in dispute about that standard of proof.
Evidence
11. The following documents were admitted into evidence:
·Exhibit 1 T documents lodged pursuant to s 37 of the Administrative Appeals Tribunal Act 1975
·Exhibit 2 Letter from the Department of Veterans’ Affairs dated 26 April 2005
·Exhibit 3 Statement by Richard Green dated 29 April 2005
·Exhibit 4 Statement by Phillip Green dated 9 May 2005
·Exhibit 5 Report by Dr Gelb dated 27 July 2005
·Exhibit 6 Statement by Jayne Goodes dated 14 October 2005
·Exhibit 7 Statement by David Piggott dated 10 October 2005
·Exhibit 8 Statement by…
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- Case
- [2007] AATA 40
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Tribunal involved the interpretation of the Statements of Principles concerning alcohol dependence or abuse, and anxiety disorder, specifically the terms "experiencing a severe stressor" and "severe psychosocial stressor". The Tribunal had to determine whether Mr Green's conditions met the criteria outlined in these Statements, considering both objective and subjective elements. The Tribunal also needed to evaluate the evidence presented by Mr Green and the Commission to make an informed decision.
The Tribunal carefully examined the evidence and found that Mr Green had not sufficiently demonstrated that his conditions were caused by a severe stressor during his military service, as required by the relevant Statements of Principles. The Tribunal concluded that the Commission's decision was reasonable and affirmed it, finding that Mr Green's claims did not meet the necessary legal criteria for compensation. Consequently, the Tribunal upheld the Commission's decision denying Mr Green's claims for recognition and compensation for his alleged war-caused conditions.
The Tribunal's decision was final and binding, affirming the Repatriation Commission's denial of Mr Green's claims for alcohol dependence and anxiety disorder. The Tribunal found no grounds to overturn the Commission's decision, thereby upholding the status quo in line with the legal criteria established by the relevant Statements of Principles.
Orders
Orders of the court
The Tribunal affirms the decision under review.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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