Re Hughes and Repatriation Commission

[2000] AATA 571

DECISION AND REASONS FOR DECISION [2000] AATA 571

ADMINISTRATIVE APPEALS TRIBUNAL      )

)     No  N1998/1590

VETERANS' APPEALS DIVISION          )          

Re      BRIAN  JOHN  HUGHES          

Applicant

And    REPATRIATION  COMMISSION           

Respondent

DECISION

Tribunal       Senior Member M D Allen Dr J D Campbell, Member Rear Admiral A R Horton AO, Member        

Date26 June 2000 

PlaceSydney

ADMINISTRATIVE APPEALS TRIBUNAL  )         No   N1998/1590
  )  
VETERANS' APPEALS DIVISION                )

Re      BRIAN  JOHN  HUGHES

Applicant

AndREPATRIATION COMMISSION

Respondent

DECISION

Tribunal           Senior Member M D Allen
  Dr J Campbell, Member
  Rear Admiral A Horton, AO, Member

Date                   26 June 2000

Place                 Sydney

DecisionFOR the reasons given orally at the conclusion of the hearing in this matter, the decision under review is SET ASIDE and the Tribunal substitutes in lieu thereof its decision, namely THAT:

1.The Applicant is entitled to pension for the war-caused diseases of post traumatic stress disorder, psycho-active substance abuse and hypertension.

2.The Applicant is entitled to pension for incapacity from all war-caused injuries and diseases suffered at the Special Rate pursuant to section 24 of the Veterans' Entitlements Act 1986 as and from 29 May 1997.

(Sgd)  M.D. ALLEN

.............................

Senior Member
CATCHWORDS

VETERANS' ENTITLEMENTS - Post traumatic stress disorder, hypertension and substance abuse.  If present before operational service aggravation by operational service meets Statements of Principals.  In alternative acceptance that operational service acted on vulnerability caused by prior events so as to cause conditions.

Veterans' Entitlements Act 1986 - s24, subss120(1) and 120(3)

Dell v Repatriation Commission (1985) 2 RPD 427

Repatriation Commission v Cooke 160 ALR 17

Repatriation Commission v Keeley [2000] FCA 532
Repatriation Commission v Deledio 83 FCR 82
Re Cavell and Repatriation Commission 9 AAR 534

REASONS FOR DECISION

Senior Member M D Allen

1. At the conclusion of the hearing of the above matter the terms of the decision intended to be made and the reasons therefor were stated orally. After service upon the Applicant of a copy of the decision that was in fact made, the Applicant through his Solicitors and pursuant to Sub-section 43(2A) of the Administrative Appeals Tribunal Act 1975 requested the Tribunal to furnish to the Applicant a statement in writing of the reasons of the Tribunal for its decision.

1. The oral reasons for decision have been transcribed by Auscript, the Commonwealth Reporting Service.  Whereas those oral reasons may reflect the inelegance of an extempore decision, they are in fact the reasons for the said decision.

1. The said transcript is annexed hereunto and furnished to the Applicant and to the Respondent as it is the reasons for the Tribunal's decision.

I certify that this and the preceding page are a true copy of the decision and reasons for decision herein of:

Senior Member M D Allen
  Dr J D Campbell, Member
  Rear Admiral A R Horton AO, Member

Signed:         Ivanka Mamic
           ....................................................................................

Associate

Date of Hearing  26 June 2000
Date of Decision  26 June 2000
Counsel for Applicant                   Mr M Vincent

Solicitor for Applicant  R L Whyburn & Associates
Advocate for Respondent            Ms…