Riley and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an application by Mr Riley for compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth) for bladder cancer, which he claimed was caused by his military service. The Military Rehabilitation and Compensation Commission had affirmed a previous determination denying liability to compensate Mr Riley. The case was heard by Deputy J W Constance P.

The primary legal issues before the court were whether Mr Riley's bladder cancer constituted a "disease" as defined by the Act, and if so, whether his employment by the Commonwealth had contributed to that disease to a significant degree. The Act defines "disease" as an ailment that was contributed to, to a significant degree, by the employee's employment.

The court considered Mr Riley's evidence regarding his extensive use of a "jason pistol" during his service on HMAS Sydney and HMAS Vampire. This tool, used for paint and rust stripping, contained beryllium alloy rods that wore down, creating beryllium dust. Mr Riley operated this tool in confined and poorly ventilated spaces without breathing apparatus, and others were using similar tools nearby, increasing his exposure. The court noted that Section 7 of the Act provides that if a disease is of a kind specified by the Minister and the employee was engaged in employment of that kind, the employment is taken to have contributed to the disease to a significant degree, unless the contrary is established. The court found that the respondent had not established that Mr Riley's exposure to beryllium did not contribute to a significant degree to his contraction of bladder cancer.

Consequently, the court set aside the reviewable decision and substituted a new decision finding the Military Rehabilitation and Compensation Commission liable to compensate Mr Riley in respect of his claimed condition.