Tems and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Tems to the Administrative Appeals Tribunal for review of a decision by the Repatriation Commission refusing him the special rate of pension. Mr Tems had served in the Australian Regular Army from 1973 to 1993, during which time he sustained a back injury in 1981. Following his discharge, he was employed in catering roles until 2007, when he ceased work. The dispute centred on whether Mr Tems' accepted conditions, including lumbar spondylosis and secondary depression or adjustment disorder, rendered him unable to undertake remunerative work.

The Tribunal was required to determine the extent to which Mr Tems' accepted conditions contributed to his inability to work, and whether he qualified for the special rate of pension. This involved assessing the severity and impact of his physical and psychological conditions, considering medical evidence regarding his capacity for work, and evaluating the reasons for his cessation of employment. The Tribunal also had to consider whether Mr Tems had made reasonable efforts to obtain employment since ceasing work.

The Tribunal's deliberations focused on the evidence presented, including reports from occupational physician Dr Robyn Horsley, orthopaedic surgeon Mr Ronald Haig, and psychiatrist Dr Grant. While Dr Horsley noted Mr Tems' ongoing back pain and diagnosed moderate depression with mild suicidal ideation, she also observed that his cessation of work appeared to be linked to interpersonal conflict with a site manager and general deconditioning, rather than solely his physical condition. Mr Haig had previously assessed Mr Tems as fit for full-time sedentary employment. The Tribunal noted inconsistencies in Mr Tems' account of his back pain and the limited medical documentation supporting chronic, severe pain or depression in his general practitioner's records. Ultimately, the Tribunal found that Mr Tems had not established that his accepted conditions were the sole or predominant cause of his inability to undertake remunerative work.