Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2011] AATA 524
ADMINISTRATIVE APPEALS TRIBUNAL ) Nos 2008/4150,
VETERANS' AFFAIRS DIVISION ) 2009/1360 )
Re ROBERT BREAKSPEAR Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Senior Member Egon Fice Date28 July 2011
PlaceMelbourne
Decision The Tribunal affirms the decisions made by the Veterans’ Review Board on 7 July 2008 and on 10 March 2009.
..........[sgd] Egon Fice...............
Senior Member
VETERANS’ AFFAIRS – Royal Australian Air Force – South Vietnam – War service – Disability Pension – Depression – Generalised anxiety disorder – Alcohol abuse – Adjustment disorder – Post Traumatic Stress Disorder – Traumatic event – Standard of proof – Operational service – Defence service
Repatriation Act 1920
Veterans’ Entitlements Act 1986 ss 5C, 6F, 7, 9, 13(1), 68, 69(1), 70(1), 120, 120(1), 120(3), 120(4), 120A, 120A(2), 120A(3), 120B, 120B(2), 120B(3) 196B(2), 196B(3), 196B(11), 196G
Byrnes v Repatriation Commission (1993) 177 CLR 564
Government Insurance Office (NSW) v R J Green and Lloyd Pty Ltd (1966) 114 CLR 437
Law v Repatriation Commission (1980) 29 ALR 64
McKenna v Repatriation Commission (1999) 86 FCR 144
Mines v Repatriation Commission [2004] 86 ALD 62
Repatriation Commission v Cornelius [2002] FCA 750
Repatriation Commission v Deledio (1998) 83 FCR 82
Repatriation Commission v Gorton (2001) 110 FCR 321
Repatriation Commission v Hill (2002) 69 ALD 581
Repatriation Commission v Keeley (2000) 98 FCR 108
Repatriation Commission v Law (1981) 147 CLR 635
Repatriation Commission v Smith (1987) 15 FCR 327
Re Raymond Bowd and Repatriation Commission [2011] AATA 59
Re Robertson and Repatriation Commission (1998) 50 ALD 668
Roncevich v Repatriation Commission (2005) 218 ALR 733
Walsh v Rother District Council [1978] 1 ALL ER 510
Statement of Principles – Alcohol Dependence and Alcohol Abuse – Instrument No 1 of 2009
Statement of Principles – Alcohol Dependence and Alcohol Abuse – Instrument No 2 of 2009
Statement of Principles - Anxiety Disorder – Instrument No 101 of 2007
Statement of Principles - Anxiety Disorder – Instrument No 102 of 2007
Statement of Principles – Post Traumatic Stress Disorder - Instrument No 5 of 2008
Statement of Principles – Post Traumatic Stress Disorder - Instrument No 3 of 1999 as amended by No 54 of 1999
4th Edn American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders
Ham, Paul ‘Vietnam: The Australian War’ (Harper Collins Publishers, 2004)
REASONS FOR DECISION
28 July 2011 Senior Member Egon Fice 1. Mr Robert William Breakspear served in the Royal Australian Air Force (RAAF) between 9 January 1967 and 8 January 1987. After completing apprentice training, he qualified as an airframe fitter in June 1969. He commenced duties as a Loadmaster on Caribou aircraft with 38 Squadron at Richmond in November 1973. Mr Breakspear was posted to Butterworth Transport Support Flight (TSF) on 16 October 1974, remaining there until April 1977. In the course of his posting to Butterworth TSF, where he carried out loadmaster duties associated with TSF operations of a C47B (Dakota) aircraft,…
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- AGLC
- Robert Breakspear v Repatriation Commission [2011] AATA 524
- Case
- [2011] AATA 524
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Tribunal was whether the Review Board had erred in its assessment of Mr Breakspear’s medical evidence and in its determination of the causal link between his medical condition and his service. Specifically, the Tribunal had to consider whether the Board had applied the correct legal principles in its review of Mr Breakspear’s case and whether there was any material error in its findings that his condition did not meet the criteria for compensation under the relevant legislation.
In reaching its decision, the Tribunal examined the evidence presented to the Review Board and the Board’s reasoning in its decisions. The Tribunal found that the Board had considered all relevant evidence and had applied the correct legal standards in its assessment. The Tribunal was satisfied that the Board had not made any material error in its findings and that its decisions were supported by the evidence. Consequently, the Tribunal affirmed the decisions of the Review Board and dismissed Mr Breakspear’s appeal.
Orders
Orders of the court
The Tribunal affirms the decisions made by the Veterans’ Review Board on 7 July 2008 and on 10 March 2009.
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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