Whitworth and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered the eligibility of Mr. Whitworth for a pension under the *Veterans' Entitlements Act 1986* (Cth) concerning an adenocarcinoma of the lung. The Repatriation Commission opposed the claim, disputing that the condition was caused or contributed to by Mr. Whitworth's defence service.

The Tribunal was required to determine whether the applicant had discharged the onus of proof, on the balance of probabilities, that his adenocarcinoma of the lung was caused or contributed to by his defence service, in accordance with the relevant Statement of Principles concerning Malignant Neoplasm of the Lung (Balance of Probabilities) (No. 87 of 2023).

The Tribunal applied the principles of statutory interpretation and the evidentiary requirements of the *Veterans' Entitlements Act 1986* (Cth). It carefully considered the medical evidence presented, including the applicant's smoking history and the established scientific links between smoking and lung cancer. The Tribunal found that while smoking was a significant factor, the evidence did not establish, on the balance of probabilities, a causal or contributing link between Mr. Whitworth's defence service and his condition, as required by the Statement of Principles.

The Tribunal affirmed the decision under review, concluding that the applicant had not met the necessary standard of proof for his claim.