Repatriation Commission v Hill [2002] FCAFC 192

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Hill [2002] FCAFC 192

VETERANS' ENTITLEMENTS – post-traumatic stress disorder – claim for a pension in respect of war-caused disease – appeal from decision at first instance setting aside a decision of the Administrative Appeals Tribunal that, inter alia, the post-traumatic stress disorder was not a war-caused disease for the purposes of s 9(1) of the Veterans' Entitlements Act – where no dispute before the Tribunal that claimant for pension suffered from post-traumatic stress disorder – whether there was material pointing to a hypothesis that fitted the relevant template in the applicable Statement of Principles – nature of the question to be asked in the inquiry mandated by ss 120(3) and 120A(3) of the Veterans' Entitlements Act – whether Tribunal committed an error of law by asking the wrong question about the existence of the disease instead of about the causal connection between the disease and claimant's war service – error not inconsequential Veterans' Entitlements Act 1986 (Cth), s 9(1), s 13(1), s 120, s 196B Administrative Appeals Tribunal Act 1975, s 44(1) Federal Court Rules, O 52, r 22(3)

Repatriation Commission v Deledio (1998) 83 FCR 82 discussed Repatriation Commission v O'Brien (1985) 155 CLR 422 referred East v Repatriation Commission (1987) 16 FCR 517 discussed Bushell v Repatriation Commission (1992) 175 CLR 408 discussed Byrnes v Repatriation Commission (1993) 177 CLR 564 discussed Deledio v Repatriation Commission (1997) 47 ALD 261 referred Repatriation Commission v Bey (1997) 79 FCR 364 discussed Repatriation Commission v McKenna (1998) 52 ALD 72 discussed McKenna v Repatriation Commission (1999) 86 FCR 144 referred Repatriation Commission v Gosewinckel (1999) 59 ALD 690 referred Connors v Repatriation Commission (2000) 59 ALD 61 referred Repatriation Commission v Stares (1996) 66 FCR 594 referred Craig v State of South Australia (1995) 184 CLR 163 referred The Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 referred Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 referred Repatriation Commission v Cooke (1998) 160 ALR 17 referred Commonwealth Banking Corporation v Percival (1988) 20 FCR 176 referred Bull v Repatriation Commission (2002) 66 ALD 271 referred REPATRIATION COMMISSION v KENNETH NORMAN HILL D 1 of 2002 BLACK CJ, DRUMMOND & KENNY JJ 18 JUNE 2002 MELBOURNE