Taylor and Repatriation Commission - [2000] AATA 659

DECISION AND REASONS FOR DECISION [2000] AATA 659

ADMINISTRATIVE APPEALS TRIBUNAL )

) No V98/1084

VETERANS' AFFAIRS DIVISION )

Re Joan TAYLOR
Applicant

And REPATRIATION COMMISSION
Respondent

DECISION

Tribunal Mrs Joan Dwyer, Senior Member Mr A Argent, Member Dr P Fricker, Member

Date4 August 2000
PlaceMelbourne

Decision The Tribunal affirms the decision under review.

(Sgnd) Joan Dwyer
Senior Member
VETERANS AFFAIRS – whether suicide of veteran war-caused – reference to suicide Statement of Principles (SoP) and to SoPs as to factors raised in that SoP – whether veteran suffered from war-caused depressive disorder – whether veteran suffered from alcohol abuse related to service – whether permissible to consider whether veteran suffered depression which was service related but does not meet any factor in depressive disorder SoP – decision affirmed
WORDS AND PHRASES – "severe psychosocial stressor or stressors" "stressful event"

The Acts Interpretation Act 1901 ss 8, 46, 48(2) and 50

Veterans' Entitlements Act 1986

Ogston v Repatriation Commission (1999) 29 AAR 89

Keeley v Repatriation Commission (1999) 56 ALD 455

Repatriation Commission v Cooke , Federal Court, 23 December 1998 1717/1998

McKenna v Repatriation Commission a (1999) 29 AAR 70

Repatriation Commissionv Deledio (1998) 49 ALD 193

Harris v Repatriation Commission [2000] FCA 873

Re Clarke and Repatriation Commission, [2000] AATA 545

REASONS FOR DECISION

4 August 2000 Mrs Joan Dwyer, Senior Member

Mr A Argent, Member
Dr P Fricker, Member

This is an application for review of a decision of the Repatriation Commission ("the Commission"), made 25 August 1997 and affirmed by the Veterans' Review Board ("the VRB") on 20 August 1998, which decided that the death of the veteran, Peter Francis Taylor, was not war-caused within the meaning of that term in s 8 of the Veterans' Entitlements Act 1986 ("the Act").
Mr Croyle of Counsel appeared for the applicant, Mrs Taylor. Mr D Phillips, on the first day of hearing, and Mr K Herman on the resumed hearing, advocates with the Department of Veterans' Affairs, appeared for the respondent. The Tribunal had before it the documents ("the T documents") lodged pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 and also the exhibits tendered during the hearing. Mrs Taylor gave evidence. Evidence on her behalf was also given by her son, Philip Taylor and by Dr Lewis and Dr Cole who are psychiatrists. The respondent called Dr Kenny, a psychiatrist.
Mr Taylor enlisted in the Royal Australian Navy Reserve ("RANR") on 11 July 1945 at the age of 19 years and ten months for a period of three years or duration of war and six months thereafter, whichever was to be the longer. After being borne on the books of a number of shore stations, he sailed as an Able Bodied Seaman in the cruiser, HMAS Shropshire, to the United Kingdom. This was in March 1946, seven months after the cessation of hostilities against Japan and 10 months after the surrender of Germany. Shropshire sailed to the United Kingdom with the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Taylor and Repatriation Commission [2000] AATA 659
Case: [2000] AATA 659
Decision Date: 4 August 2000

CaseChat Overview and Summary

This appeal concerns the review of a decision by the Repatriation Commission that the death of Peter Francis Taylor, a veteran, was not war-caused within the meaning of the Veterans' Entitlements Act 1986. The applicant, Mrs Joan Taylor, sought a widow's pension following her husband's death by suicide in 1988. The central legal issues were whether the applicant could rely on the relevant Statements of Principles (SoP) in force at the time of the original decision, and whether Mr Taylor's depression or alcohol abuse was related to his service, as required by the SoPs.

The Tribunal first addressed the applicability of the SoPs, noting that the Full Court of the Federal Court had previously held that the law as it existed at the time of the claim was not determinative. The Tribunal accepted that the SoPs in force at the time of the original decision must be applied. These SoPs related to suicide, depressive disorder, and psychoactive substance abuse or dependence involving alcohol. The Tribunal then assessed whether Mr Taylor's suicide was related to his service by examining whether he suffered from depression, post-traumatic stress disorder (PTSD), or alcohol abuse at the time of his death, and if these conditions were related to his service.

The Tribunal concluded that Mr Taylor suffered from a depressive disorder and longstanding alcohol abuse at the time of his death, but not PTSD. The evidence showed that his depression met the definition in the Depressive Disorder SoP. However, the Tribunal found that the material before it did not raise a reasonable hypothesis that Mr Taylor experienced a "severe psychosocial stressor" related to his service, as required by the SoP. Similarly, the Tribunal determined that the evidence did not support the hypothesis that Mr Taylor's alcohol abuse was related to his service. Thus, the Tribunal found that the material did not raise the hypothesis that Mr Taylor's death by suicide was war-caused.

The Tribunal affirmed the decision of the Repatriation Commission that Mr Taylor's death was not war-caused, and rejected the applicant's claims for a widow's pension.

Orders