Thompson and Repatriation Commission

[2003] AATA 819

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 819

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          N2003/121

VETERANS' APPEALS DIVISION		)
Re		William Thompson

Applicant

And Repatriation Commission

Respondent

DECISION

Tribunal Mr RP Handley, Deputy President

Date21 August 2003

PlaceSydney

Decision The Tribunal affirms the decision under review. 

...............................................

RP Handley 

Deputy President

CATCHWORDS

VETERANS ENTITLEMENTS – eligibility for Gold Card – whether Applicant qualifies for Gold Card – “qualifying service” – examination of Applicant’s service record – examination of Army war records for attack on Newcastle in June 1942 – held that the Applicant did not render “qualifying service” and is not eligible for a Gold Card – decision of the Respondent affirmed.

Veterans Entitlement Act 1962 ss 5B(I), 7A, 85(4A), 120(4)

Repatriation Commission v Mitchell [2002] FCA 1177

Repatriation Commission v Thompson (1988) ALR 352

Willcocks v Repatriation Commission (1962) 111 ALR 639

REASONS FOR DECISION

21 August 2003 Mr RP Handley, Deputy President           

1.      This is an application by William Thompson (“the Applicant”) for a review of a decision of a delegate of the Repatriation Commission (“the Respondent”) made on 20 September 2002 to refuse the grant of a Gold Card to the Applicant.

2.      At the hearing, which was held at Wallsend near Newcastle, the Applicant was assisted by his son Peter Thompson and the Respondent was represented by Michael Ryan, Advocate, of the Department of Veterans’ Affairs. The evidence before the Tribunal comprised the documents produced pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 (“the T Documents”) together with the documents tendered by the parties at the hearing. The Applicant gave evidence in person.

Background

3.      The Applicant, William Thompson, was born in West Wallsend on 12 May 1912 and is aged 91.  He is married to Thelma Catherine Thompson and has one son, Peter.

4.      On 31 January 1942, Mr Thompson enlisted in the Australian Army (T p6) in which he served from 2 March 1942 until 27 January 1945 (T p23).  During this period, Mr Thompson’s Army service was wholly within Australia (T p23).  In June 1942, Mr Thompson was stationed at Speers Point, on Lake Macquarie, south of Newcastle, with the 20^th Field Regiment as a dispatch rider.  

5.      During the early hours of the morning on 8 June 1942, a Japanese submarine attacked Newcastle, firing 34 shells into the port and city areas from a distance of approximately nine kilometres northeast of the city: eight of the shells were star shells for illumination; 26 were high explosive shells. In response, the coastal battery at Fort Scratchley fired four rounds in the direction from which the enemy shells were coming.  It is estimated that the shelling lasted for approximately 21 minutes, with only superficial damage being sustained to the city environment (T p18).  The location of where 19 of the shells landed is known.  It is thought that the remainder probably landed short in the sea.  Most of the shells that landed failed to explode.