Skinner and Repatriation Commission (Veterans' entitlements)

This matter concerned an application for a war widow's pension brought by the Applicant following the death of her late husband, the veteran, by suicide while intoxicated. The Applicant's claim was based on the assertion that the veteran's death was defence-caused, a contention previously refused by the Veteran’s Review Board. The veteran had served in the Australian Army from January 1972 to July 1973. The Tribunal was required to determine whether the veteran's death arose out of or was attributable to his defence service during the relevant period.

The central legal issues before the Tribunal were whether the veteran's death by suicide was defence-caused, and whether his alcohol consumption, which contributed to his death, was increased due to his defence service. This required the Tribunal to consider the relevant Statements of Principles concerning Alcohol Use Disorder and Suicide and Attempted Suicide, and to be satisfied on the balance of probabilities that a connection existed between the veteran's service and his death. The Tribunal was not bound by technicalities and was to act according to substantial justice, taking into account any difficulties in ascertaining facts due to the passage of time.

The Tribunal found that the veteran's time in the army was not a positive experience, with evidence suggesting he experienced bullying and developed a more anxious and pedantic personality after his service. The Applicant's evidence indicated an increase in the veteran's alcohol consumption during his service, particularly in the latter months, and a new habit of nail biting. The Tribunal was satisfied that the veteran held a belief that he might be sent to Vietnam, despite the Respondent's submissions to the contrary regarding the timing of Australian troop withdrawals. Applying the relevant Statements of Principles, the Tribunal was reasonably satisfied that the veteran's alcohol consumption increased due to his defence service, and that this, in turn, was a factor connecting his death by suicide to that service.

Consequently, the Tribunal set aside the previous decision and substituted its own finding that the veteran's death was defence-caused. The Applicant was therefore held to be entitled to a war widow's pension.