Stanbury and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Sydney Stanbury to review a decision by the Repatriation Commission refusing his claim for a disability pension under the *Veterans’ Entitlements Act 1986* (Cth). Mr Stanbury, who served in the Royal Australian Air Force between 1956 and 1968, claimed a pension for a fractured wrist and cataracts, alleging these conditions arose from his service, including refuelling British aircraft during nuclear tests at RAAF Base Edinburgh in 1964 and 1965. The Commission's delegate initially determined Mr Stanbury was not a "member of the Forces" as defined by the Act, as his service did not meet the criteria for post-1972 service or other specified categories.

The primary legal issue before the Tribunal was whether Mr Stanbury qualified as a "member of the Forces" by virtue of having rendered "British nuclear test defence service" as defined in the Act. Specifically, the Tribunal had to determine if Mr Stanbury had served within 40 kilometres of the Buffalo or Antler test sites near Maralinga during the relevant period. The Respondent argued that while the nominal roll indicated Mr Stanbury's involvement with the British Nuclear Tests, the documentation did not conclusively place him at Maralinga, suggesting his service was primarily at RAAF Base Edinburgh. The Applicant contended that he had provided significant oral evidence of his presence at Maralinga and that an identification card and internal memorandum supported his claim.

The Tribunal considered the oral evidence of Mr Stanbury, an identification card indicating his employment at the Maralinga Atomic Test Site, and an internal memorandum to the Security Officer at Maralinga. Based on this evidence, the Tribunal found that Mr Stanbury had rendered service within 40 kilometres of the specified test sites between 27 September 1956 and 30 April 1965, thereby satisfying the definition of British nuclear test defence service. The Respondent had submitted that if this finding were made, Mr Stanbury would otherwise be eligible for a pension.

Consequently, the Tribunal set aside the decision under review, which had rejected Mr Stanbury's claim for a pension. The matter was remitted to the Repatriation Commission for reconsideration in accordance with the finding that Mr Stanbury had rendered British nuclear test defence service as defined by the Act.