Repatriation Commission v Hill

Case [2008] FCA 50

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Hill [2008] FCA 50

ADMINISTRATIVE LAW – Decision under Veterans’ Entitlements Act 1986 (Cth) – whether AAT erred in finding that veteran did not suffer from post traumatic stress disorder – where medication definition of PTSD included exposure to severe stressor – whether decision required to be satisfied that veteran had as a matter of fact been exposed to severe stressor – whether that step preceded consideration of Deledio principles – whether that finding of fact necessary having regard to s 120(3) of Act and that PTSD Statement of Principles made exposure to severe stressor part of template for disease to be war-caused – whether s 120(3) thereby qualified need to a positive factual finding on matter also identified in Statement of Principles as relevant to hypothesis of whether PTSD war-caused

ADMINISTRATIVE LAW – Decision under Veterans’ Entitlements Act 1986 (Cth) – claim for disability pension – whether AAT complied with decision-making process under ss 120(1) and (3) of the Act – whether Tribunal erred in finding veteran’s alcohol dependence war-caused – whether material sufficient to fit template of Statement of Principles

ADMINISTRATIVE LAW – Decision under Veterans’ Entitlements Act 1986 (Cth) – claim for invalidity service pension – whether AAT erred in finding veteran not permanently incapacitated for work as required by s 37AA

ADMINISTRATIVE LAW – Decision under Veterans’ Entitlements Act 1986 (Cth) – whether AAT erred in finding that pathological gambling not war-caused – whether AAT erred in finding depressive illness not war caused – whether hypotheses fitted template of the Statement of Principles

Veterans’ Entitlements Act 1986 (Cth) s 13
Administrative Appeals Tribunal Act 1975 (Cth) s 44
Veterans’ Entitlements (Invalidity Service Pension – Permanent Incapacity for Work) Determination 1999 s 37AA

Hill v Repatriation Commission [2003] AATA 114 discussed
Hill v Repatriation Commission (2004) 39 AAR 103 discussed
Hill v Repatriation Commission [2006] AATA 925 discussed
Repatriation Commission v Hill (2005) 142 FCR 88 discussed
Collector of Customs (Tas) v Flinders Island Community Association (1985) 7 FCR 205
Hope v Bathurst City Council (1980) 144 CLR 1 referred to
Vetter v Lake Macquarie City Council (2001) 202 CLR 439 referred to
Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred to
Commonwealth of Australia v Smith (1989) 18 ALD 224 referred to
Roncevich v Repatriation Commission (2005) 222 CLR 115 referred to
Comcare v Lees (1997) 151 ALR 647 referred to
Benjamin v Repatriation Commission (2001) 34 AAR 270 discussed
Repatriation Commission v Budworth (2001) 116 FCR 200 discussed
Repatriation Commission v Cooke (1998) 90 FCR 307 discussed
Repatriation Commission v Deledio (1988) 83 FCR 82 discussed
Minister for Immigration and Ethnic Affairs v Wu (1996) 185 CLR 259 cited
Collector of Customs v Pozzolanic (1993) 43 FCR 280 cited
Bushell v Repatriation Commission (1992) 175 CLR 408 referred to
East v Repatriation Commission (1987) 16 FCR 517 referred to
Bull v Repatriation Commission (2001) 188 ALR 756 referred to
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AGLC
Repatriation Commission v Hill [2008] FCA 50
Case
[2008] FCA 50
Decision Date

CaseChat Overview and Summary

The case of Repatriation Commission v Hill was heard by the court, where Mr Hill sought to have his application for an Invalidity Service Pension reconsidered. Mr Hill had served in the Australian Army and had subsequently worked in various roles, including as a house parent for a Christian school. The primary dispute was whether Mr Hill's post-traumatic stress disorder (PTSD) was service-connected, entitling him to the pension. The Administrative Appeals Tribunal (AAT) had previously dismissed his application, a decision he sought to appeal.

The legal issues before the court were whether the AAT erred in its assessment of Mr Hill's PTSD symptoms and whether these symptoms were sufficiently connected to his military service to warrant the pension. The court had to consider the evidence presented regarding Mr Hill's military service, his subsequent employment history, and the onset and progression of his PTSD symptoms. Furthermore, the court needed to determine whether the AAT had correctly applied the relevant statutory criteria in assessing Mr Hill's claim.

The court examined the evidence and the AAT's reasoning in detail. It found that the AAT had appropriately evaluated the evidence and applied the correct legal standards. The court concluded that the AAT's decision was well-reasoned and supported by the evidence. It rejected Mr Hill's argument that the AAT had erred in its assessment of his PTSD symptoms and their connection to his service. The court found no basis to overturn the AAT's decision.

In light of the court's findings, both Mr Hill's appeal and his cross-appeal were dismissed. The orders of the court were to dismiss the appeal and the cross-appeal, upholding the AAT's decision that Mr Hill was not entitled to the Invalidity Service Pension.

Orders

Orders of the court

1. The appeal be dismissed.

2. The cross-appeal be dismissed.

Background

Background to the litigation

Before addressing the issues, it is convenient to note some general background facts.THE BACKGROUND FACTS The background facts are set out conveniently in the reasons of the AAT. The following is simply a paraphrase of that material. Mr Hill was born in Western Victoria and left school at the age of 17 years. Before he commenced service in the Australian Army as a conscript, and subsequently re-enlisted as a volunteer, he worked for a tractor agency. Whilst working in the Australian Army, particularly his work in Vietnam, he was with 102 Field Workshop, Stores Section, working as a “Clerk Tech” in the Control Office in Vung Tau. His duties were primarily clerical, in connection with the supply of vehicle parts. After his discharge from the Army in June 1968, Mr Hill was first employed carting hay and then with the State Electricity Commission of Victoria as a meter reader. He also married shortly after he left the Army. He was promoted within the State Electricity Commission, but in 1974 he was convicted of larceny from his employer, an offence apparently committed for the purpose of financing an alcohol and gambling habit which he had by then developed. He lost his office job and was demoted to the position of labourer, but continued working for that Commission until November 1990 when he was offered, and accepted, a redundancy package. He then worked until May 1994 as a sales assistant, and then manager, for a hardware store in Horsham. For some months during 1995, Mr and Mrs Hill lived in Darwin. During part of that time, he was employed as a drug and alcohol counsellor. They returned to Horsham in October 1995 where Mr Hill commenced employment as chief executive officer of a retirement village, a position he held until April 2000 when he was forced to resign because he had made unauthorised use of a patient’s money. In July 2000, Mr and Mrs Hill applied to the Northern Territory Christian School Association for employment as house parents. They were offered those positions on 6 August 2000 pursuant to a written employment contract. The contract described him as having been employed “as an Assisted Accommodation House Parent in NTCSA boarding facilities”. It described the “primary role” as:In conjunction with other house parents, manage the day to day operation of the house including care of students, provision of meals, establishing routines, co-ordination homework tutorial programs, liaison with parents and communities, liaison with teachers …That contract was extended with effect from 1 January 2001. The Tribunal accepted their evidence that Mr and Mrs Hill acted, in effect, in loco parentis initially in relation to some 10 teenage boys and from the start of 2002, in relation to a similar number of teenage girls. They were initially paid $14,000 each for the work, although all of the wages were deposited to an account in Mrs Hill’s name.THE INVALIDITY SERVICE PENSION CLAIM As it is discrete, it is convenient to deal with this part of Mr Hill’s cross-appeal first.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

MANSFIELD J
For those reasons, I reject the contention that the AAT erred in the way it went about deciding whether Mr Hill suffered from PTSD.CONCLUSION I have reached the view that both the appeal and the cross-appeal should be dismissed. I so order.

Ratio Decidendi

Legal Principle Established

Established by: MANSFIELD J

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