Woodward and Repatriation Commission

[2006] AATA 1099

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 1099

ADMINISTRATIVE APPEALS TRIBUNAL  No Q2005/16

VETERANS' APPEALS DIVISION
Re		GREGORY  WOODWARD

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr RG Kenny, Member

Date             20 December 2006

Place           Brisbane

Decision  The Tribunal affirms the decision under review.

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

RG Kenny

Member

CATCHWORDS

VETERANS’ AFFAIRS – disability pension – defence service with Royal Australian Navy – application of Statements of Principles – appropriate diagnosis of psychiatric conditions –– post traumatic stress disorder and alcohol abuse/dependence diagnosed – whether related to experiencing impact of cyclone – conditions not defence-caused – decision affirmed

Administrative Appeals Tribunal Act 1975 s 37

Veterans’ Entitlements Act 1986 ss 6C, 14, 68, 70(5), 70(7), 120, 198B

Repatriation Commission v Smith (1987) 15 FLR 327; (1987) 74 ALR 537; (1987) 12 ALD 798; (1987) 7 AAR 17

Re Tulk and Repatriation Commission (1996) 44 ALD 359

Re Cashen and Repatriation Commission (1993) 36 ALD 707

Re Repatriation Commission and Wicking (1987) 13 ALD 431; (1987) 7 AAR 289

Re Lindsay and Repatriation Commission (1995) 39 ALD 108;

Re Ralph and Repatriation Commission [1999] AATA 475

Stewart and Repatriation Commission [2003] AATA 1174

Roncevich v Repatriation Commission (2005) 222 CLR 115; (2005) 218 ALR 733; (2005) 79 ALJR 1366; (2005) 85 ALD 257; (2005) 41 AAR 355; [2005] HCA 40;

Re Roncevich and Repatriation Commission(2006) 91 ALD 662 [2006] AATA 660

Re Pridham and Commonwealth of Australia (unreported, No 3153, 14 January 1987)

Repatriation Commission v Tuite (1993) 39 FCR 540; (1993) 29 ALD 609; (1993) 17 AAR 158

Coward v Repatriation Commission (2006) NSD 2273 of 2005

Holthouse v Repatriation Commission (1982) 1 RPD 287

Repatriation Commission v Law (1980) 31 ALR 140; (1980) 47 FLR 57

Re Repatriation Commission and Carroll (1988) 14 ALD 581

Repatriation Commission v Keeley (2000) 98 FCR 108; (2000) 60 ALD 401; (2000) 31 AAR 150; [2000] FCA 532

REASONS FOR DECISION

20 December 2007 Mr RG Kenny, Member

Background

1. Gregory Woodward (the applicant) served in the Royal Australian Navy (RAN) from 8 October 1966 until 28 January 1987. On 5 December 2003, he lodged a claim with the Repatriation Commission (the respondent), in accordance with section 14 of the Veterans’ Entitlements Act 1986 (the Act), for a disability pension for “post traumatic stress disorder”.  He contended that this was related to his RAN service.  On 17 February 2004, the respondent determined that his claim was answered by diagnoses of post traumatic stress disorder and alcohol dependence or abuse but also determined that those conditions were not related to his RAN service. The Veterans’ Review Board (the Board) affirmed that decision on 3 November 2004 and Mr Woodward now seeks review of the Board’s decision by the Administrative Appeals Tribunal (the Tribunal).

Hearing

1. At the hearing, Mr Woodward was represented by Ms D Kellie of counsel. The respondent was represented by Mr M Smith. The material tendered and taken into evidence…