FEDERAL COURT OF AUSTRALIA
Renton v Repatriation Commission [2009] FCA 268
VETERANS’ ENTITLEMENTS – Statement of Principles – alcohol dependence or alcohol abuse – whether applicant experienced a severe stressor – whether inability to obtain appropriate clinical management
ADMINISTRATIVE APPEALS TRIBUNAL – appeal from decision of the Tribunal – question of law – whether s 119(1)(h) and s 120 of the Veterans’ Entitlements Act 1986 (Cth) correctly applied – whether Statement of Principles correctly applied
Veterans’ Entitlements Act 1986 (Cth) ss 13(1), 119(1)(f), (g), (h), 120, 120A
Administrative Appeals Tribunal Act 1975 (Cth) s 44Repatriation Commission v Deledio (1998) 83 FCR 82 applied
Fenner v Repatriation Commission (2005) 218 ALR 122 cited
Stoddart v Repatriation Commission (2003) 74 ALD 366 considered
Repatriation Commission v Constable (2006) 151 FCR 391 appliedDONALD KEITH RENTON v REPATRIATION COMMISSION
QUD 280 of 2007
DOWSETT J
27 MARCH 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QUD 280 of 2007
BETWEEN: DONALD KEITH RENTON
ApplicantAND: REPATRIATION COMMISSION
Respondent
JUDGE:
DOWSETT J
DATE:
27 MARCH 2009
PLACE:
BRISBANE
REASONS FOR JUDGMENT
BACKGROUND
The applicant served in the Australian Army from 5 March 1968 until 2 December 1970. His service included a period of operational service in Vietnam from 4 June until 24 September 1970. The applicant claims a disability pension pursuant to s 13(1) of the Veterans’ Entitlements Act 1986 (Cth) (“the Act”). It has been accepted that he suffers from an anxiety condition which was war-caused. He claims also to suffer from war-caused alcohol dependence. The respondent (the “Commission”) rejected the claim. That decision was upheld by Veterans’ Review Board (the “Board”). The Administrative Appeals Tribunal (the “Tribunal”) upheld the Board’s decision. The applicant appeals against that decision.
LEGISLATION
Section 9(1) of the Act relevantly provides:
(1)Subject to this section, for the purposes of this Act … a disease contracted by a veteran shall be taken to be a war-caused disease, if:
(a)the … disease contracted, by the veteran resulted from an occurrence that happened while the veteran was rendering operational service; [or]
(b)the … disease contracted, by the veteran arose out of, or was attributable to, any eligible war service rendered by the veteran; [or]
…
The claim is pursuant to Part II of the Act. Section 120 prescribes the standard of proof to be applied in such claims. Relevantly, it provides that:
(1)Where a claim under Part II for a pension in respect of the incapacity from … disease of a veteran, … relates to the operational service rendered by the veteran, the Commission shall determine that the … disease was a war-caused disease … unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for making that determination.
(2)…
(3)In applying subsection (1) … in respect of the incapacity of a person from … disease … related to service rendered by the person, the Commission shall be satisfied, beyond reasonable doubt, that there is no sufficient ground for determining:
…
(b) that the…
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- Renton v Repatriation Commission [2009] FCA 268
- Case
- [2009] FCA 268
- Decision Date
CaseChat Overview and Summary
The Tribunal began by evaluating the applicant’s hypotheses regarding the cause of his alcohol dependence. The first hypothesis was that the condition resulted from alleged stressors during his service, while the second posited that it stemmed from his attempts to cope with an anxiety condition. The Tribunal accepted that the evidence supported both hypotheses. The next step involved applying the Standard of Proof (SoP) and considering whether the applicant's experiences met the criteria for severe stressors. The Tribunal found that the applicant's description of handling casualty lists did not meet the definition of a severe stressor, but acknowledged that the incident in Saigon could have been a severe stressor. However, the Tribunal concluded that the applicant’s account of the Saigon incident was implausible, thereby rejecting it as a cause.
Upon evaluating the evidence, the Tribunal determined that the applicant’s alcohol dependence likely began before the Saigon incident. As a result, the Tribunal concluded that the applicant could not have been suffering from an anxiety condition at the onset of his alcohol dependence, thereby rejecting his claim for war-related causation of his condition.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: DOWSETT J
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