Williams and Repatriation Commission

[2004] AATA 1302

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 1302

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2004/56

VETERANS' APPEALS DIVISION		)
Re		ROY WILLIAMS

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr RG Kenny, Member

Date8 December 2004     

PlaceBrisbane

Decision The Tribunal affirms the decision under review.  

...................[Sgd]........................

R G Kenny
  Member

CATCHWORDS

VETERANS’ APPEALS – Veterans Entitlements’ Act 1986 – service pension – sea voyage from Brisbane to Thursday Island – transit to and from  Horn Island – service on Horn Island – sea voyage from Thursday Island to Townsville – danger from hostile forces of the enemy not incurred – applicant awarded Defence Medal - no qualifying service for service pension  

Veterans Entitlements’ Act 1986 s 5C, 7, 7A, 35B, 35C

Commission v Thompson (1988) 82 ALR 352
Repatriation Commission v Mitchell (2002) 71 ALD 93
Re Tiplady and Repatriation Commission (1987) 12 ALD 670.
Gilgen and Repatriation Commission [2000] AATA 447.
Repatriation Commission v Burton (1993) 31 ALD 475

Mullen and Repatriation Commission 2000 AATA 871

REASONS FOR DECISION

8 December 2004 Mr RG Kenny, Member        

Background

1.      Roy Williams (the applicant) served in the Australian Army from 2 April 1942 until 2 July 1946.  He served within Australia and on Horn Island in the Torres Strait.  On 6 June 2002, he lodged an application with the Department of Veterans’ Affairs for a determination of whether he rendered qualifying service for the purposes of obtaining a service pension under Part III of the Veterans’ Entitlements Act 1986 (the Act).  On 31 March 2003, a delegate of the Repatriation Commission determined that he did not have qualifying service and, on 20 October 2003, that decision was affirmed by a further delegate of the Repatriation Commission.  On 28 January 2004, Mr Williams sought review of that decision by the Administrative Appeals Tribunal (the Tribunal). 

Hearing

2.      At the hearing, Mr Williams was represented by Mr R Anderson of counsel and the Repatriation Commission was represented by Mr A Harris.  The following material was taken into evidence:

Exhibit 1the T documents prepared in accordance with section 37 of the Administrative Appeals Tribunal Act 1975 (T1-T21);

Exhibit 2a statement, received in the Registry on 3 November 2004, by Albert Palazzo PhD;

Exhibit 3the curriculum vitae of Dr Palazzo;

Exhibit 4source material relied upon by Dr Palazzo in preparing his statement;

Exhibit 5a statement, forwarded to the Tribunal on 18 November 2004, by Vanessa Seekee;

Exhibit 6a report, dated 15 November 2004, by Noel Underwood;

Exhibits 7-10       reports dated 11 August 2004, 2 September 2004, 8 September 2004 and 15 November 2004, respectively, by Robert Piper;

Exhibits11-12     statements dated 17 June 2004 and 22 July 2004, by the applicant;

Exhibit 13a summary of conditions of award and notes for guidance in the wearing of campaign stars, defence and war medals;

Exhibit 14a further report, dated 17 November 2004 by Dr Palazzo; and

Exhibit 15curriculum vitae of Mr Piper.

Issues and Legislation

3.      Part III of the Act makes…