Sastre and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by Ms Sastre against a decision of the Military Rehabilitation and Compensation Commission (the Commission) to refuse liability for a psychiatric condition. The applicant contended that she suffered from an adjustment disorder that was related to her employment in the military, specifically her experiences at Kapooka. The Administrative Appeals Tribunal was required to determine whether the applicant's alleged psychiatric condition was caused by or contributed to by her military service.

The Tribunal considered the medical evidence presented, noting that the applicant had a history of psychiatric treatment prior to her military service, including for anxiety and depression related to her marriage. Several medical reports attributed her psychiatric conditions to her marriage or noted delusional beliefs, without referencing her military experience as a source of stress. While one expert, Dr Colls, opined that the applicant might have developed an adjustment disorder in response to negative experiences at Kapooka, the Tribunal found this opinion was formed despite limitations in his access to records and his need to maintain objectivity.

Ultimately, the Tribunal was not satisfied that events occurring during the applicant's service at Kapooka made a material contribution to the onset of her psychiatric symptoms. The Tribunal reasoned that if the applicant's primary psychiatric condition was schizophrenia, schizo-affective disorder, or bipolar disorder, there was no connection to her military work. Consequently, the Tribunal affirmed the Commission's decision to refuse liability.