Schmidt v Repatriation Commission

[2004] FCA 1158

FEDERAL COURT OF AUSTRALIA

Schmidt v Repatriation Commission [2004] FCA 1158

VETERANS’ ENTITLEMENTS – appeal from the decision of the Administrative Appeals Tribunal to affirm a decision that the applicant’s post-traumatic stress disorder, alcohol dependence/abuse and psoriasis were not war-caused – whether the Administrative Appeals Tribunal failed to consider the claimed events as judged by an objective observer in the position of the applicant at the time – finding that the applicant did not experience a severe stressor or stressors finding of fact – whether any error of law demonstrated

Veterans’ Entitlements Act 1986 (Cth) ss 5, 7, 9, 13, 14, 15, 19, 196B 196D 120, Part II

Repatriation Commission v Deledio (1998) 83 FCR 82 referred to
Stoddart v Repatriation Commission (2003) 197 ALR 283 referred to
Woodward v Repatriation Commission (2003) 200 ALR 332 referred to
Repatriation Commission v Stoddart (2003) 77 ALD 67 referred to

JAN HENDRIK SCHMIDT v REPATRIATION COMMISSION

No Q 79 of 2004

SPENDER J
BRISBANE
8 SEPTEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 79 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	JAN HENDRIK SCHMIDT APPLICANT
AND:	REPATRIATION COMMISSION RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	8 SEPTEMBER 2004
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 79 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	JAN HENDRIK SCHMIDT APPLICANT
AND:	REPATRIATION COMMISSION RESPONDENT

JUDGE:	SPENDER J
DATE:	8 SEPTEMBER 2004
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. This is an appeal from a decision of the Administrative Appeals Tribunal (“the AAT”) which, on 22 April 2004, affirmed the decision of the Veterans’ Review Board of 13 August 2002, which in turn had affirmed the decision of the Repatriation Commission made on 7 February 2002, that post-traumatic stress disorder (“PTSD”), alcohol dependence or alcohol abuse, and psoriasis of the applicant, Jan Hendrik Schmidt, were not “war-caused” within the meaning of s 9 of the Veterans’ Entitlements Act 1986 (Cth) (“the Act”).

2. Mr Schmidt, who was born on 14 December 1947, enlisted in the Royal Australian Air Force on 8 February 1965, and was discharged on 3 November 1983.  The applicant had “operational service” at Ubon, Thailand from 14 July 1966 to 8 September 1966.  The applicant also had “defence service” from 7 December 1972 to 3 November 1983.  The present application places no reliance on Mr Schmidt’s defence service.

3. The applicant claimed that his PTSD, alcohol abuse/dependence and psoriasis were war-caused.  The Repatriation Commission has accepted that the condition of sensori-neural hearing loss of the right ear with tinnitus is a war-caused condition, and the applicant is in receipt of a disability pension at 10 per cent of the general rate. 

4. The hypothesis advanced by the applicant was that three incidents during his service in Thailand caused him to suffer from PTSD and alcohol…