Veloskey and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Veloskey for a Gold Card, a benefit provided under veterans' entitlements legislation. The Repatriation Commission (the Respondent) had affirmed a decision that Mr Veloskey was not eligible for this entitlement. The case was heard by the Hon. John Pascoe AC CVO, Deputy President.

The primary legal issue before the Tribunal was whether Mr Veloskey's service qualified as "Qualifying Service" as defined by the relevant Act, which is a prerequisite for Gold Card eligibility. Specifically, the Tribunal had to determine if Mr Veloskey's service met the criteria related to overseas service during a defined period of hostilities, the award of specific medals, or the performance of duties under particular schedules of the Act, or if his service constituted "warlike service" under current determinations.

The Deputy President found that while Mr Veloskey's service was accepted as Operational Service, it did not meet the specific requirements for Qualifying Service necessary for a Gold Card. The evidence indicated that his overseas service commenced after the defined period of hostilities for World War II and that he had not been awarded any relevant medals or performed duties as specified by the Act. Furthermore, there was no evidence that his service fell within any current determinations of warlike service. Applying the standard of proof of "reasonable satisfaction" under section 120(4) of the Act, the Tribunal was satisfied on the balance of probabilities that Mr Veloskey did not meet the statutory requirements for a Gold Card, and the reviewable decision was affirmed.