Stevens and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by Mr Stevens to the Administrative Appeals Tribunal (Cth) (the Tribunal) from a decision of the Veterans’ Review Board. The Veterans’ Review Board had affirmed a determination by the Repatriation Commission that Mr Stevens was not entitled to a disability pension under the Veterans’ Entitlements Act 1986 (Cth) (VEA). Mr Stevens sought recognition for his alleged involvement in a covert operation in Laos in February 1970, which he claimed caused him post-traumatic stress disorder, anger, and depression.

The Tribunal was required to determine whether Mr Stevens had rendered eligible war service as defined by the VEA. Specifically, the court needed to consider whether Mr Stevens’ alleged service in Laos constituted "operational service" and whether he was "allotted for duty" in an operational area, as required by sections 6C and 5B of the VEA. The central issue was the absence of any official written record or instrument confirming Mr Stevens' allotment for duty in Laos during the relevant period.

The Tribunal reasoned that for service to be considered "operational service" under section 6C(1) of the VEA, a member of the Defence Force must have rendered continuous full-time service in an operational area and been allotted for duty in that area by a written instrument. Section 5B(2) of the VEA further stipulated that such an allotment must be evidenced by a written instrument issued by the Defence Force for use by the Commission. The Tribunal noted that no such written instrument existed for Mr Stevens, and indeed, the Australian Army had stated that there were no records indicating he served overseas. Furthermore, the VEA's schedules did not list Laos as an operational area for the period in question. Consequently, the Tribunal concluded that Mr Stevens did not meet the definition of having rendered eligible war service, and therefore, his claimed conditions could not be taken to be war-caused.

The Tribunal affirmed the decision of the Veterans’ Review Board, finding that Mr Stevens was not eligible for a disability pension due to the lack of evidence of his allotment for duty in a specified operational area. The Tribunal suggested that Mr Stevens might seek assistance from ex-service organisations.