Repatriation Commission v Gosewinckel

Case [1999] FCA 1273


Repatriation Commission v Ronald Keith Gosewinckel [1999] FCA
1273
Ex-Servicemen

Repatriation Commission v Gosewinckel [1999] FCA 1273

REPATRIATION COMMISSION v RONALD KEITH GOSEWINCKEL

VG 650 of 1998

WEINBERG J

14 SEPTEMBER 1999

MELBOURNE

EX-SERVICEMEN - veterans' entitlements - disability pension - appeal from decision of Administrative Appeals Tribunal - whether veteran suffered from war-caused generalised anxiety disorder - whether AAT applied correct standard of proof in deciding that veteran suffered generalised anxiety disorder - whether AAT misconstrued relevant Statement of Principles by failing to consider whether necessary indicia present.

Administrative Appeals Tribunal Act 1975 (Cth) s44(1)

Veterans' Entitlement Act 1986 (Cth) ss 9, 120, 120A, 196B

Bushell v Repatriation Commission (1992) 175 CLR 408 at 425-6 referred to

Byrnes v Repatriation Commission (1993) 177 CLR 564 at 571-2 referred to

Repatriation Commission v O'Brien (1985) 155 CLR 422 referred to

Deledio v Repatriation Commission (1997) 25 AAR 396 at 401-2, 411-2 referred to

Repatriation Commission v Deledio (1998) 83 FCR 82 at 97 referred to

Preston v Repatriation Commission (1993) 45 FCR 214 at 220-1 not followed

Repatriation Commission v Cooke (1998) 160 ALR 17 at 21 followed

Shelton v Repatriation Commission [1999] FCA 181 at par 6 referred to

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272, and at 291-3 referred to

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 650 OF 1998

ON APPEAL FROM THE VETERANS' APPEAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A MEMBER

BETWEEN:REPATRIATION COMMISSION

Applicant

AND:RONALD KEITH GOSEWINCKEL

Respondent

JUDGE: WEINBERG J
DATE OF ORDER: 14 SEPTEMBER 1999
WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1.       The decision of the Veterans' Appeal Division of the Administrative Appeals Tribunal given on 29 October 1998 be set aside.

2.       The matter be remitted to the Veterans' Appeal Division of the Administrative Appeals Tribunal to be dealt with according to law.

3.       There be no order as to costs.

Note:       Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 650 OF 1998

ON APPEAL FROM THE VETERANS' APPEAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A MEMBER

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: RONALD KEITH GOSEWINCKEL

Respondent

JUDGE: WEINBERG J
DATE: 14 SEPTEMBER 1999
PLACE: MELBOURNE
REASONS FOR JUDGMENT

1 This is an appeal under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) ("the AAT Act") from part of a decision of the Veterans' Appeal Division of the Administrative Appeals Tribunal ("the AAT") given on 29 October 1998.

2       By that decision the AAT set aside a decision of the applicant which had been affirmed by the Veterans' Review Board. The AAT decided that the respondent veteran's generalised anxiety disorder was war-caused. The effect of the AAT's decision was to render the Commonwealth liable to pay pension to the veteran pursuant to s 13(1) of the Veterans' Entitlement Act 1986 (Cth) ("the VE…

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AGLC
Repatriation Commission v Ronald Keith Gosewinckel [1999] FCA 1273 Ex-Servicemen
Case
[1999] FCA 1273
Decision Date

CaseChat Overview and Summary

The case of Repatriation Commission v Gosewinckel involved the Repatriation Commission, appealing against a decision made by the Administrative Appeals Tribunal (AAT) regarding a veteran's entitlement to a disability pension. The dispute centred around whether the veteran, Mr Gosewinckel, suffered from a war-caused generalised anxiety disorder (GAD) that warranted the pension. The matter was heard by the Federal Court of Australia, which had to decide on several legal issues pertaining to the application of the correct standard of proof and the interpretation of relevant Statements of Principles.

The primary legal issues before the court were whether the AAT had applied the correct standard of proof when deciding that Mr Gosewinckel suffered from GAD, and whether the AAT had misconstrued the relevant Statement of Principles by failing to consider whether the necessary indicia were present. The court had to examine the AAT's application of the statutory criteria and its interpretation of the Statement of Principles concerning the conditions necessary for a war-caused GAD to be recognised for pension purposes.

The court found that the AAT had indeed erred in its application of the standard of proof required to establish Mr Gosewinckel's entitlement to the pension. The court held that the AAT had applied a higher standard than what was legally required, which influenced the outcome of the case. Additionally, the court determined that the AAT had misconstrued the relevant Statement of Principles by not properly considering whether the necessary indicia were present to substantiate the claim of a war-caused GAD. Consequently, the court set aside the decision of the AAT and remitted the matter back to the Veterans' Appeal Division of the AAT for reconsideration according to law.

The final orders of the court were to set aside the decision of the Veterans' Appeal Division of the AAT given on 29 October 1998 and to remit the matter back to the AAT for further consideration. This ruling ensured that the correct legal standards and interpretations were applied in determining Mr Gosewinckel's eligibility for the disability pension.

Orders

Orders of the court

1. The decision of the Veterans' Appeal Division of the Administrative Appeals Tribunal given on 29 October 1998 be set aside.

2. The matter be remitted to the Veterans' Appeal Division of the Administrative Appeals Tribunal to be dealt with according to law.

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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